Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as mandated reporters, to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. The act authorizes any other person, known as a nonmandated reporter, to report a known or suspected instance of child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law authorizes a nonmandated reporter to make a report anonymously.

This bill would require an agency receiving a report from a nonmandated reporter to ask the reporter to provide specified information, including their name, telephone number, and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect. If the reporter refuses to provide their name or telephone number, the bill would require the agency receiving the report to make an effort to determine the basis for the refusal and advise the reporter that the identifying information would remain confidential. By requiring local agencies to gather additional information from nonmandated reporters, 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 the statutory provisions noted above.

Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as mandated reporters, to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. The act authorizes any other person, known as a nonmandated reporter, to report a known or suspected instance of child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law authorizes a nonmandated reporter to make a report anonymously.

This bill would require an agency receiving a report from a nonmandated reporter to ask the reporter to provide specified information, including their name, telephone number, and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect. If the reporter refuses to provide their name or telephone number, the bill would require the agency receiving the report to make an effort to determine the basis for the refusal and advise the reporter that the identifying information would remain confidential. By requiring local agencies to gather additional information from nonmandated reporters, 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 the statutory provisions noted above.

Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as mandated reporters, to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. The act authorizes any other person, known as a nonmandated reporter, to report a known or suspected instance of child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law authorizes a nonmandated reporter to make a report anonymously.

This bill would require nonmandated reporters to an agency receiving a report from a nonmandated reporter to ask the reporter to provide specified information, including their name, telephone number, and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect. The bill would prohibit a report from a nonmandated reporter to be transmitted to a local child protective service for investigation unless the reporters name and contact information are provided. If the reporter refuses to provide their name or telephone number, the bill would require the agency receiving the report to make an effort to determine the basis for the refusal and advise the reporter that the identifying information would remain confidential. By requiring local agencies to gather additional information from nonmandated reporters, 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 the statutory provisions noted above.

Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as mandated reporters, to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. The act authorizes any other person, known as a nonmandated reporter, to report a known or suspected instance of child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law authorizes a nonmandated reporter to make a report anonymously.

This bill would require nonmandated reporters to provide specified information, including their name, telephone number, and the information that gave rise to the suspicion of child abuse or neglect. The bill would prohibit a report from a nonmandated reporter to be transmitted to a local child protective service for investigation unless the reporters name and contact information are provided. By requiring local agencies to gather additional information from nonmandated reporters, 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 the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 391

Author:(Jones-Sawyer)

As Amended Ver:September 1, 2023

Majority vote

SUMMARY

Requires an agency receiving a child abuse or neglect report to ask the reporter to provide specified information in the report, including their name, telephone number, and information that gave rise to the suspicion of child abuse or neglect.

Senate Amendments

1. Delete the requirement that a person who makes a mandated report include their name, telephone number, and the information that gave rise to the reasonable suspicion of child abuse or neglect and the source of the information in the report.
2. Require agencies receiving a report to ask the reporter to provide the information.
3. Provide that if the reporter refuses to provide the information, the agency shall make efforts to determine the basis for that refusal and advise the reporter that the identifying information will remain confidential.
4. Delete the prohibition that a report shall not be transmitted to a local child protective service for investigation unless the name and telephone number of the person making the report are provided.

COMMENTS

As passed by the Assembly, this bill:

1. Deleted the provision that a person reporting child abuse or neglect, who is not a mandated reporter, is not required to disclose their name.
2. Required a person reporting suspected child abuse or neglect, who is a not a mandated reporter, to include all of the following information in the report:
   1. Their name;
   2. Their telephone number;
   3. The information that gave rise to the reasonable suspicion of child abuse or neglect; and,
   4. The source of the information that gave rise to the reasonable suspicion of child abuse or neglect.
3. Prohibited the transmission of a report of suspected child abuse or neglect from person who is not a mandated reporter to a local child protective service for investigation unless the reporter's name and telephone number are provided.

According to the Author

"The anonymous child abuse and neglect reporting system has created an opportunity for abusive partners to make false reports and harass their victims. The resulting investigations are invasive, disruptive and frightening. If families are lucky enough to remain together, they are left with lingering fear and trauma. We cannot allow perpetrators of domestic violence to use the reporting system against the very children it is intended to protect. False reports waste time and resources that could be spent on actual cases of child abuse and they compound the suffering of families that are already struggling. This bill seeks to address these intentionally false reports in order to shield families from harassment and more effectively use the resources of Child Protective Services."

Arguments in Support

According to Root and Rebound, "anonymous reports disproportionately affect low-income people of color. Research has shown that black children are twice as likely to be reported as white children and minority parents are more likely to receive higher levels of state intervention following a report. False reports compound the suffering of families that are already struggling. Confidential reporting would greatly increase the likelihood that resources are spent on legitimate cases of child abuse or neglect. …

"The problem of harassment in reporting could be solved by simply requiring all reporters of child abuse and neglect to provide their names and contact information. The new confidential reporting system would maintain strict confidentiality around their identity. This would discourage intentional fake reporting and allow child protective services to better assess allegations."

Arguments in Opposition

None submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, unknown, potentially reimbursable costs to local law enforcement, welfare, and probation departments to gather and record additional information from nonmandated reporters at the time of a report of suspected child abuse or neglect (local funds, General Fund). General Fund costs will depend on whether this bill imposes a reimbursable state mandate, as determined by the Commission on State Mandates.

VOTES:

ASM PUBLIC SAFETY: 7-0-1

YES: Jones-Sawyer, Alanis, Bonta, Bryan, Ortega, Santiago, Zbur

ABS, ABST OR NV: Lackey

ASM APPROPRIATIONS: 13-0-3

YES: Holden, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Robert Rivas, Sanchez

ASSEMBLY FLOOR: 78-0-2

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Lackey, Sanchez

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Caballero

UPDATED

VERSION: September 1, 2023

CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0001761

 THIRD READING  

Bill No: AB 391

Author: Jones-Sawyer (D)

Amended: 9/1/23 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/27/23

AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 78-0, 5/31/23 - See last page for vote

SUBJECT: Child abuse and neglect: nonmandated reporters

SOURCE: Los Angeles Dependency Lawyers

DIGEST:

This bill requires an agency receiving a report from a person making a child abuse or neglect report, who is not a mandated reporter, to provide specified information in the report, including their name, telephone number, and information that gave rise to the suspicion of child abuse or neglect.

ANALYSIS:

Existing law:

1. Establishes the Child Abuse and Neglect Reporting Act. (Penal Code § 11164.)
2. Defines “Child” as a person under 18 years old. (Penal Code § 11165.)
3. Defines “Child abuse or neglect” as physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse, neglect, the willful harming or injuring of a child or the endangering of the person or health of a child, and unlawful corporal punishment or injury. Child abuse or neglect does not include a mutual affray between minors or 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. (Penal Code § 11165.6.)
4. Lists the categories of individuals who are mandated reporters. (Penal Code, § 11165.7.)
5. Permits reports of suspected child abuse or neglect to be made to any police department or sheriff’s department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. (Penal Code § 11165.9.)
6. Provides that agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person and are required to maintain a record of all reports received. (Penal Code § 11165.9.)
7. Requires a mandated reporter to make a report whenever, in their professional capacity or within the scope of their employment, they have knowledge of or observe a child whom they know or reasonably suspect has been the victim of child abuse or neglect. (Penal Code § 11166.)
8. Allows any other person who is not a mandated reporter, who has knowledge of or observes a child whom the person knows or reasonably suspects has been a victim of child abuse or neglect, to report the known or suspected instance of child abuse or neglect. (Penal Code § 11166 (g).)
9. Requires reports of known or reasonably suspected child abuse or neglect to include the name, business address, and telephone number of the mandated reporter; the capacity that makes the person a mandated reporter; and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect and the source or sources of that information. (Penal Code § 11167 (a).)
10. Provides that persons who are not mandated reporters are not required to include their names when reporting suspected abuse or neglect. (Penal Code § 11167 (f).)
11. States that the identity of all persons who report shall be confidential and may be disclosed only as follows:
12. To agencies receiving or investigating mandated reports;
13. To the prosecutor in a criminal prosecution;
14. To the prosecutor in specified proceedings arising from alleged child abuse;
15. To counsel appointed in specified child dependency proceedings;
16. To the county counsel or prosecutor in specified and custody and child dependency proceedings;
17. To a licensing agency when abuse or neglect in out-of-home care is reasonably suspected;
18. When the persons waive confidentiality; or,
19. By court order. (Penal Code § 11167 (d)(1).)
20. Prohibits any agency or person from disclosing the identity of any person who reports to that person’s employer, except with the employee’s consent or by court order. (Penal Code § 11167 (d)(2).)
21. Provides that a representative of a child protective services agency performing an investigation of a report of child abuse or neglect at the time of the initial contact with the individual who is subject to the investigation, shall advise the individual of the complaints or allegations against them, in a manner that is consistent with laws protecting the identity of the reporter. (Penal Code, § 11167 (e).)

14) Provides that reports of child abuse or neglect investigative reports that result in a summary report being filed with the Department of Justice shall be confidential and may be disclosed only as specified. (Penal Code § 11167.5.)

This bill:

1. Deletes the provision that a person reporting child abuse or neglect, who is not a mandated reporter, is not required to disclose their name.
   
2. Requires an agency receiving a report of suspected child abuse or neglect, from a person who is a not a mandated reporter, to include all of the following information in the report:
   
3. Their name;
4. Their telephone number;
5. The information that gave rise to the reasonable suspicion of child abuse or neglect; and,
6. The source of the information that gave rise to the reasonable suspicion of child abuse or neglect.
   
7. Provides that if the reporter refuses to provide their name or telephone number, the agency shall make efforts to determine the basis for that refusal and advise the reporter that the identifying information will remain confidential.

Background

According to the author:

Anonymous reports disproportionately affect low-income people of color. Research has shown that black children are twice as likely to be reported as white children and minority parents are more likely to receive higher levels of state intervention following a report. False reports only compound the suffering of these families that are already struggling. Confidential reporting would greatly increase the likelihood that resources are spent on legitimate cases of child abuse or neglect. In doing so, it would promote equity by increasing the likelihood that reports are justified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to Senate Appropriations Committee, Unknown, potentially reimbursable costs to local law enforcement, welfare, and probation departments to gather and record additional information from nonmandated reporters at the time of a report of suspected child abuse or neglect (local funds, General Fund). General Fund costs will depend on whether this bill imposes a reimbursable state mandate, as determined by the Commission on State Mandates.

SUPPORT: (Verified 9/1/23)

Los Angeles Dependency Lawyers (source)

A New Way of Life Re-entry Project
All of Us of None, Orange County
Children's Law Center of California
National Association of Social Workers, California Chapter
Root & Rebound
Starting Over, Inc.
Western Center on Law & Poverty

OPPOSITION: (Verified 9/1/23)

None received

ARGUMENTS IN SUPPORT: Los Angeles Dependency Lawyers support this bill stating:

False reports of child abuse or neglect are sometimes used as a form of domestic harassment or a way to settle grievances. This is possible because anonymous reporting allows individuals to make allegations of child abuse or neglect without leaving any identifying information, making it easy to falsify a claim. All too often, abusive partners will make anonymous, false reports to the child welfare hotline in order to gain leverage in a custody dispute and weaponize the system against their victims. These perpetrators know that all they need to do is leave one or two fake tips, and their grab for custody is underway. In addition, this tactic is used by dishonest landlords hoping to remove unwanted tenants without going through the proper eviction procedures.

These malicious reports trigger intrusive and frightening investigations that damage the children’s well-being and disrupt family functioning. In the eyes of the children, their home is invaded by strangers who insist on pulling them away from their parents, asking odd questions, and telling them that they could be taken from their family to an unknown place. Parents live in fear that at any moment, their children could be placed in foster care despite any valid claim of abuse or neglect. Even if the family is fortunate enough to remain together, the damage to their security is done. We must step in to protect these families from further victimization. Further, we must stop diverting crucial resources away from other children who do need governmental intervention.

It should also be noted that anonymous reports disproportionately affect low-income people of color. Research has shown that black children are twice as likely to be reported as white children, and minority parents are more likely to receive higher levels of state intervention following a report. False reports compound the suffering of families that are already struggling. Confidential reporting would greatly increase the likelihood that resources are spent on legitimate cases of child abuse or neglect.

The problem of harassment in reporting could be solved by simply requiring all reporters of child abuse and neglect to provide their names and contact information. The new confidential reporting system would maintain strict confidentiality around their identity. This would discourage intentional fake reporting and allow child protective services to better assess allegations.

ASSEMBLY FLOOR: 78-0, 5/31/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Lackey, Sanchez

Prepared by: Mary Kennedy / PUB. S. /

9/2/23 9:57:17

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 391 (Jones-Sawyer) - Child abuse and neglect: nonmandated reporters

Bill Summary:

AB 391 would require a person making a child abuse or neglect report who is not a mandated reporter, to provide specified information including their name, telephone number, and information that gave rise to the suspicion of child abuse or neglect.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on September 1, 2023

Fiscal Impact:

• Unknown, potentially reimbursable costs to local law enforcement, welfare, and probation departments to gather and record additional information from nonmandated reporters at the time of a report of suspected child abuse or neglect (local funds, General Fund). General Fund costs will depend on whether this bill imposes a reimbursable state mandate, as determined by the Commission on State Mandates.

Author Amendments:

• Delete the requirement that a person making a report provide specified information and instead require an agency receiving a report from a nonmandated reporter to ask the reporter to provide specified information, including their name, telephone number, and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect.
• Provide that if the reporter refuses to provide that information, the agency must make an effort to determine the basis for the refusal and advise the reporter that the identifying information will remain confidential.
• Delete the provision that would have prohibited the transmittal of a report that lacked specified information to a local child protective service.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 391 (Jones-Sawyer) - Child abuse and neglect: nonmandated reporters

Bill Summary:

AB 391 would require a person making a child abuse or neglect report, who is not a mandated reporter, to provide specified information in the report, including their name, telephone number, and information that gave rise to the suspicion of child abuse or neglect.

Fiscal Impact:

Unknown, potentially reimbursable costs to local law enforcement, welfare, and probation departments to gather and record additional information from nonmandated reporters at the time of a report of suspected child abuse or neglect (local funds, General Fund). General Fund costs will depend on whether this bill imposes a reimbursable state mandate, as determined by the Commission on State Mandates. Potential savings to local child protective service agencies to the extent fewer abuse and neglect reports are referred for investigation as a result of missing information that would be required under AB 391.

Background:

The Child Abuse Neglect and Reporting Act requires certain persons in positions where child abuse/neglect is likely to be detected to promptly report any suspected abuse or neglect for follow up investigation. These reports may be made to police or sheriff’s departments, county probation departments, or county welfare departments. The Act also permits any person that is not a mandated reporter, who has knowledge of, or reasonably suspects a child has been a victim of child abuse or neglect, to report the known or suspected instance of child abuse or neglect. Unlike mandated reporters of child abuse or neglect, persons who are not mandated reporters are not required to include their names and contact information in the report.

Anonymous reporting allows individuals to make allegations of child abuse or neglect without disclosing any identifying information, making it easy to falsify a claim. For example, there have been reports of individuals making reports of child abuse or neglect under the shield of anonymity to settle a grudge. Unfounded reports of child abuse and neglect can lead to families being stigmatized by the community, parents losing employment because of the demands of formally refuting abuse allegations, or unnecessary removal of children from their homes to be placed in foster care, itself a risk factor for psychological harm. The investigation itself, even it fails to end in substantiation, also can fractionate the family and destroy relationships with people outside the family.

This bill would require a nonmandated reporter of child abuse or neglect to disclose their name and telephone number, and, significantly, the information that gave rise to the report and the source of the information that give rise to the report. In so doing, the agencies can more accurately substantiate claims of child abuse or neglect and more efficiently manage their caseloads. Additionally, requiring a reporter to disclose their names and information giving rise to the report could deter unfounded, baseless reports that are merely intended to harass parents and families.

Proposed Law:

• Deletes the provision of law that states that a person reporting child abuse or neglect, who is not a mandated reporter, is not required to disclose their name.
• Requires a person reporting suspected child abuse or neglect, who is a not a mandated reporter, to include their name, telephone number, the information that gave rise to the reasonable suspicion of child abuse or neglect, and the source of that information.
• Prohibits the transmission of a report of suspected child abuse or neglect from person who is not a mandated reporter to a local child protective service for investigation unless the reporter’s name and telephone number are provided.

Related Legislation:

• AB 1028 (McKinnor), would remove the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury caused by assaultive or abusive conduct. AB 1028 is pending in the Senate Public Safety Committee.
  
• AB 1544 (Lackey), would authorize a police or sheriff’s department to which a report of suspected child abuse or severe neglect is made to forward to the Department of Justice a report in writing of its investigation that is determined to be substantiated. AB 1544 is pending in the Senate Public Safety Committee.
  
• AB 2085 (Holden), Chapter 770, Statutes of 2022, limited the definition of “general neglect” for the purposes of the Child Abuse and Neglect Reporting Act, to only include circumstances where the child is at substantial risk of suffering serious physical harm or illness.
  
• AB 717 (Ammiano), Chapter 468, Statutes of 2011, among other things, revised the definition of a “substantiated report” to exclude a report where the investigator who conducted the investigation found the report to be false, inherently improbable, to involve an accidental injury, or to not constitute child abuse or neglect, as specified.
  

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 391 Hearing Date: June 27, 2023

Subject: Child abuse and neglect: nonmandated reporters

HISTORY

Source: Los Angeles Dependency Lawyers

Prior Legislation: AB 2085 (Holden), Chapter 770, Stats. 2022

AB 717 (Ammiano), Chapter 468, Stats. 2011

Support: A New Way of Life Re-entry Project; All of Us or None, Orange County; National Association of Social Workers, California Chapter; Root & Rebound; Starting Over, INC.; Western Center on Law & Poverty

Opposition: None known

Assembly Floor Vote: 78 - 0

PURPOSE

The purpose of this bill is to require a person making a child abuse or neglect report, who is not a mandated reporter, to provide specified information in the report, including their name, telephone number, and information that gave rise to the suspicion of child abuse or neglect.

Existing law establishes the Child Abuse and Neglect Reporting Act. (Penal Code § 11164.)

Existing law defines “Child” as a person under 18 years old. (Penal Code § 11165.)

Existing law defines “Child abuse or neglect” as physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse, neglect, the willful harming or injuring of a child or the endangering of the person or health of a child, and unlawful corporal punishment or injury. Child abuse or neglect does not include a mutual affray between minors or 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. (Penal Code § 11165.6.)

Existing law lists the categories of individuals who are mandated reporters. (Penal Code, § 11165.7.)

Existing law permits reports of suspected child abuse or neglect to be made to any police department or sheriff’s department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. (Penal Code § 11165.9.)

Existing law provides that agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person and are required to maintain a record of all reports received. (Penal Code § 11165.9.)

Existing law requires a mandated reporter to make a report whenever, in their professional capacity or within the scope of their employment, they have knowledge of or observe a child whom they know or reasonably suspect has been the victim of child abuse or neglect. (Penal Code § 11166.)

Existing law allows any other person who is not a mandated reporter, who has knowledge of or observes a child whom the person knows or reasonably suspects has been a victim of child abuse or neglect, to report the known or suspected instance of child abuse or neglect. (Penal Code § 11166 (g).)

Existing law requires reports of known or reasonably suspected child abuse or neglect to include the name, business address, and telephone number of the mandated reporter; the capacity that makes the person a mandated reporter; and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect and the source or sources of that information. (Penal Code § 11167 (a).)

Existing law provides that persons who are not mandated reporters are not required to include their names when reporting suspected abuse or neglect. (Penal Code § 11167 (f).)

Existing law states that the identity of all persons who report shall be confidential and may be disclosed only as follows:

• To agencies receiving or investigating mandated reports;
  
• To the prosecutor in a criminal prosecution;
  
• To the prosecutor in specified proceedings arising from alleged child abuse;
  
• To counsel appointed in specified child dependency proceedings;
  
• To the county counsel or prosecutor in specified and custody and child dependency proceedings;
  
• To a licensing agency when abuse or neglect in out-of-home care is reasonably suspected;
  
• When the persons waive confidentiality; or,
  
• By court order. (Penal Code § 11167 (d)(1).)

Existing law prohibits any agency or person from disclosing the identity of any person who reports to that person’s employer, except with the employee’s consent or by court order. (Penal Code § 11167 (d)(2).)

Existing law provides that a representative of a child protective services agency performing an investigation of a report of child abuse or neglect at the time of the initial contact with the individual who is subject to the investigation, shall advise the individual of the complaints or allegations against them, in a manner that is consistent with laws protecting the identity of the reporter. (Penal Code, § 11167 (e).)

Existing law provides that reports of child abuse or neglect investigative reports that result in a summary report being filed with the Department of Justice shall be confidential and may be disclosed only as specified. (Penal Code § 11167.5.)

This bill deletes the provision that a person reporting child abuse or neglect, who is not a mandated reporter, is not required to disclose their name.

This bill requires a person reporting suspected child abuse or neglect, who is a not a mandated reporter, to include all of the following information in the report:

1. Their name;
   
2. Their telephone number;
   
3. The information that gave rise to the reasonable suspicion of child abuse or neglect; and,
   
4. The source of the information that gave rise to the reasonable suspicion of child abuse or neglect.
   

This bill prohibits the transmission of a report of suspected child abuse or neglect from person who is not a mandated reporter to a local child protective service for investigation unless the reporter’s name and telephone number are provided.

COMMENTS

1. Need for This Bill

According to the author:

Anonymous reports disproportionately affect low-income people of color. Research has shown that black children are twice as likely to be reported as white children and minority parents are more likely to receive higher levels of state intervention following a report. False reports only compound the suffering of these families that are already struggling. Confidential reporting would greatly increase the likelihood that resources are spent on legitimate cases of child abuse or neglect. In doing so, it would promote equity by increasing the likelihood that reports are justified.

2. Child Abuse and Neglect Reporting Act

The Child Abuse Neglect and Reporting Act (Pen. Code, §§ 11164 et seq.) provides “a comprehensive reporting scheme aimed toward increasing the likelihood that child abuse victims [will] be identified.” (Ferraro v. Chadwick (1990) 221 Cal.App.3d 86, 90.) “The Act requires persons in positions where abuse is likely to be detected to report promptly all suspected and known instances of child abuse to authorities for follow-up investigation.” (Ibid.; accord, James W. v. Superior Court (1993) 17 Cal.App.4th 246, 253-254.)

The Act identifies over 40 separate categories of mandated reporters. (Pen. Code, § 11165.7, subd. (a)(1)-(49).) A mandated reporter must report known or reasonably suspected child abuse or neglect to a designated agency, specifically “any police or sheriff's department, not including a school district police or security department, county probation department, if designated by the county to receive such reports, or county welfare department.” (Penal Code, § 11166 (a).) Failure to make the required report is a misdemeanor. (Penal Code § 11166 (c).)

3. Reports of Child Abuse or Neglect by Nonmandated Reporters

The Child Abuse Neglect and Reporting Act also permits any person that is not a mandated reporter, who has knowledge of, or reasonably suspects a child has been a victim of child abuse or neglect, to report the known or suspected instance of child abuse or neglect. (Penal Code § 11166 (g).)

Unlike mandated reporters of child abuse or neglect, persons who are not mandated reporters are not required to include their names and contact information in the report. (Penal Code, § 11167, (f).) This bill would require their identifying information, specifically their name, phone number, information that gave rise to the suspected abuse or neglect, and the source of that information.

4. Anonymous Reporting

Anonymous reporting allows individuals to make allegations of child abuse or neglect without disclosing any identifying information, making it easy to falsify a claim. For example, there have been reports of individuals making reports of child abuse or neglect under the shield of anonymity to settle a grudge. Advocates for domestic violence survivors, in particular, have long been concerned about the role such reports play in keeping women in violent relationships and in punishing them when they leave them. Domestic violence advocates, “see the threat of false reports to child welfare and then actual malicious and retaliatory reporting by batterers at all different stages of abusive relationships, and we see it frequently,” (Blustain R., False Abuse Reports Trouble Child Welfare Advocates (Oct. 14, 2013) < https://citylimits.org/‌2013/10/04/false‌‌-abuse-reports-trouble-child-welfare-advocates/> [as of March 2, 2023].)

Even in the most well intended cases of child abuse and neglect reporting, an inherent flaw is that the public is not trained in what to report. Lay people have a higher probability of making baseless reports simply because they do not understand the signs and definitions of child maltreatment. (Worley, N. K., & Melton, G. B., Mandated Reporting Laws a Child Maltreatment: The Evolution of a Flawed Policy Response (2013) at p. 103–118).) In contrast, mandated reporters receive extensive trainings, and they are required to provide their names and employment information so they can be held accountable for proper reporting and evidence gathering. (Dale Margolin Cecka, Abolish Anonymous Reporting to Child Abuse Hotline (2014) 64 Cath. U. L. Rev. 51, 63.)

In other contexts, before arresting or detaining anyone on the basis of any anonymous tip, police must corroborate aspects of the allegation made by the anonymous caller. (Florida v. J.L. (2000) 529 U.S. 266 [a “bare-bones” tip from an anonymous source providing no details regarding how the source knew about the crime was not reliable to justify investigative detention].) However, law enforcement and child welfare agencies have an opposite mandate: they are required to investigate reports of child abuse and neglect. (See e.g., Penal Code §§ 11166.3, 11165.14, 1165.9.) Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or any other person unless otherwise authorized. (Penal Code § 11165.9.)

Unfounded cases of child abuse and neglect can lead to families being stigmatized by the community, parents losing employment because of the demands of formally refuting abuse allegations, or unnecessary removal of children from their homes to be placed in foster care, itself a risk factor for psychological harm. The investigation itself, even it fails to end in substantiation, also can fractionate the family and destroy relationships with people outside the family. Indeed it inevitably results in a substantial invasion of privacy and almost certainly increases anxiety and helplessness. (Worley, N. K., & Melton, G. B., supra, at p. 103, 107.)

This bill would require a nonmandated reporter of child abuse or neglect to disclose their name and telephone number, and, significantly, the information that gave rise to the report and the source of the information that give rise to the report. In so doing, the agencies can more accurately substantiate claims of child abuse or neglect and more efficiently manage their caseloads. Additionally, requiring a reporter to disclose their names and information giving rise to the report could deter unfounded, baseless reports that are merely intended to harass parents and families.

While this bill would abolish anonymity it does not impact confidentiality. The Penal Code mandates that the identity of “all persons” who report shall be confidential and may be disclosed only to specified agencies, prosecutors, and counsel in connection with investigations of child abuse and child dependency proceedings. (Penal Codea § 11167(d)(1).) State law also specifically prohibits an investigator of a report from disclosing the identity to the subject of the investigation and prohibits any agency from disclosing the identity of any person who reports to that person’s employer, except with the employee’s consent or by court order. (Penal Code §§ 11167 (e) & (d)(2).)

5. Argument in Support

Los Angeles Dependency Lawyers support this bill stating:

False reports of child abuse or neglect are sometimes used as a form of domestic harassment or a way to settle grievances. This is possible because anonymous reporting allows individuals to make allegations of child abuse or neglect without leaving any identifying information, making it easy to falsify a claim. All too often, abusive partners will make anonymous, false reports to the child welfare hotline in order to gain leverage in a custody dispute and weaponize the system against their victims. These perpetrators know that all they need to do is leave one or two fake tips, and their grab for custody is underway. In addition, this tactic is used by dishonest landlords hoping to remove unwanted tenants without going through the proper eviction procedures.

These malicious reports trigger intrusive and frightening investigations that damage the children’s well-being and disrupt family functioning. In the eyes of the children, their home is invaded by strangers who insist on pulling them away from their parents, asking odd questions, and telling them that they could be taken from their family to an unknown place. Parents live in fear that at any moment, their children could be placed in foster care despite any valid claim of abuse or neglect. Even if the family is fortunate enough to remain together, the damage to their security is done. We must step in to protect these families from further victimization. Further, we must stop diverting crucial resources away from other children who do need governmental intervention.

It should also be noted that anonymous reports disproportionately affect low-income people of color. Research has shown that black children are twice as likely to be reported as white children, and minority parents are more likely to receive higher levels of state intervention following a report. False reports compound the suffering of families that are already struggling. Confidential reporting would greatly increase the likelihood that resources are spent on legitimate cases of child abuse or neglect.

The problem of harassment in reporting could be solved by simply requiring all reporters of child abuse and neglect to provide their names and contact information. The new confidential reporting system would maintain strict confidentiality around their identity. This would discourage intentional fake reporting and allow child protective services to better assess allegations.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 391

Author:(Jones-Sawyer)

As Introduced Ver:February 2, 2023

Majority vote

SUMMARY

Requires a person making a child abuse or neglect report, who is not a mandated reporter, to provide specified information in the report, including their name, telephone number, and information that gave rise to the suspicion of child abuse or neglect.

Major Provisions

1. Deletes the provision that a person reporting child abuse or neglect, who is not a mandated reporter, is not required to disclose their name.
2. Requires a person reporting suspected child abuse or neglect, who is a not a mandated reporter, to include all of the following information in the report:
   1. Their name;
   2. Their telephone number;
   3. The information that gave rise to the reasonable suspicion of child abuse or neglect; and,
   4. The source of the information that gave rise to the reasonable suspicion of child abuse or neglect.
3. Prohibits the transmission of a report of suspected child abuse or neglect from person who is not a mandated reporter to a local child protective service for investigation unless the reporter's name and telephone number are provided.

COMMENTS

According to the Author

According to the author, "The anonymous child abuse and neglect reporting system has created an opportunity for abusive partners to make false reports and harass their victims. The resulting investigations are invasive, disruptive and frightening. If families are lucky enough to remain together, they are left with lingering fear and trauma. We cannot allow perpetrators of domestic violence to use the reporting system against the very children it is intended to protect. False reports waste time and resources that could be spent on actual cases of child abuse and they compound the suffering of families that are already struggling. This bill seeks to address these intentionally false reports in order to shield families from harassment and more effectively use the resources of Child Protective Services."

Arguments in Support

According to Root and Rebound, "anonymous reports disproportionately affect low-income people of color. Research has shown that black children are twice as likely to be reported as white children and minority parents are more likely to receive higher levels of state intervention following a report. False reports compound the suffering of families that are already struggling. Confidential reporting would greatly increase the likelihood that resources are spent on legitimate cases of child abuse or neglect. …

"The problem of harassment in reporting could be solved by simply requiring all reporters of child abuse and neglect to provide their names and contact information. The new confidential reporting system would maintain strict confidentiality around their identity. This would discourage intentional fake reporting and allow child protective services to better assess allegations."

Arguments in Opposition

None Submitted

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Costs of an unknown amount, and potentially reimbursable, to local agencies (General Fund). This bill requires local agencies to collect new information about certain child abuse and neglect claims, which could result in costs due to record storage and the staff time needed to collect additional information from people making these reports. On the other hand, this bill limits which reports an agency may send out for investigation, which may result in some savings in staff time. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates."

VOTES

ASM PUBLIC SAFETY: 7-0-1

YES: Jones-Sawyer, Alanis, Bonta, Bryan, Ortega, Santiago, Zbur

ABS, ABST OR NV: Lackey

ASM APPROPRIATIONS: 13-0-3

YES: Holden, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Robert Rivas, Sanchez

UPDATED

VERSION: February 2, 2023

CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0000697

Date of Hearing: April 19, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 391

Author:(Jones-Sawyer) – As Introduced Ver:February 2, 2023

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

SUMMARY:

This bill requires a person providing a non-mandatory report of suspected child abuse or neglect to provide authorities with their name, telephone number, the information that gave rise to their report, and the source of that information. This bill also prohibits an agency receiving a non-mandatory report of abuse or neglect from sending the report to a local child protective service for investigation unless the reporting person’s name and phone number are provided.

FISCAL EFFECT:

Costs of an unknown amount, and potentially reimbursable, to local agencies (General Fund). This bill requires local agencies to collect new information about certain child abuse and neglect claims, which could result in costs due to record storage and the staff time needed to collect additional information from people making these reports. On the other hand, this bill limits which reports an agency may send out for investigation, which may result in some savings in staff time. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.

COMMENTS:

1. Author’s Statement. According to the author:

The anonymous child abuse and neglect reporting system has created an opportunity for abusive partners to make false reports and harass their victims. The resulting investigations are invasive, disruptive and frightening. If families are lucky enough to remain together, they are left with lingering fear and trauma. We cannot allow perpetrators of domestic violence to use the reporting system against the very children it is intended to protect. False reports waste time and resources that could be spent on actual cases of child abuse and they compound the suffering of families that are already struggling. This bill seeks to address these intentionally false reports in order to shield families from harassment and more effectively use the resources of Child Protective Services.

1. Non-Mandatory Reporting. Current law makes it mandatory for certain people to report known or reasonably suspected child abuse or neglect, including teachers, social workers, peace officers, physicians, and clergy members, among many others listed in Penal Code section 11165.7. These reports may be made to police or sheriff’s departments, county probation departments, or county welfare departments. Any other member of the public who makes a report of known or suspected child abuse or neglect generally does so voluntarily, and their report is considered non-mandatory. Current law does not require people making non-mandatory reports to include their name and contact information when making a report. This bill would require non-mandatory reporters to provide their name, phone number, the information that prompted their report, and how they obtained that information. This additional information will help agencies substantiate non-mandatory reports of abuse or neglect, and may discourage abuse of the reporting system, as described in the Assembly Committee on Public Safety analysis of this bill.

Although this bill eliminates anonymity of non-mandatory reporters, their identities are still considered confidential. Agencies may only disclose the identity of non-mandatory reporters to investigating agencies, prosecutors, and others listed in Penal Code section 11167, subdivision (d).

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: March 14, 2023

Counsel: Liah Burnley

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Requires a person making a child abuse or neglect report, who is not a mandated reporter, to provide specified information in the report, including their name, telephone number, and information that gave rise to the suspicion of child abuse or neglect. Specifically, this bill:

1. Deletes the provision that a person reporting child abuse or neglect, who is not a mandated reporter, is not required to disclose their name.
   
2. Requires a person reporting suspected child abuse or neglect, who is a not a mandated reporter, to include all of the following information in the report:
   
   1. Their name;
      
   2. Their telephone number;
      
   3. The information that gave rise to the reasonable suspicion of child abuse or neglect; and,
      
   4. The source of the information that gave rise to the reasonable suspicion of child abuse or neglect.
      
3. Prohibits the transmission of a report of suspected child abuse or neglect from person who is not a mandated reporter to a local child protective service for investigation unless the reporter’s name and telephone number are provided.

EXISTING LAW:

1. Establishes the Child Abuse and Neglect Reporting Act. (Pen. Code, § 11164.)
   
2. Defines “Child” as a person under 18 years old. (Pen. Code, § 11165.)
   
3. Defines “Child abuse or neglect” as physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse, neglect, the willful harming or injuring of a child or the endangering of the person or health of a child, and unlawful corporal punishment or injury. Child abuse or neglect does not include a mutual affray between minors or 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.)
   
4. Lists the categories of individuals who are mandated reporters. (Pen. Code, § 11165.7.)
   
5. Permits reports of suspected child abuse or neglect to be made to any police department or sheriff’s department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. (Pen. Code, § 11165.9.)
   
6. Provides that agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person and are required to maintain a record of all reports received. (Pen. Code, § 11165.9.)
   
7. Requires a mandated reporter to make a report whenever, in their professional capacity or within the scope of their employment, they have knowledge of or observe a child whom they know or reasonably suspect has been the victim of child abuse or neglect. (Pen. Code, § 11166.)
   
8. Allows any other person who is not a mandated reporter, who has knowledge of or observes a child whom the person knows or reasonably suspects has been a victim of child abuse or neglect, to report the known or suspected instance of child abuse or neglect. (Pen. Code, § 11166, subd. (g).)
   
9. Requires reports of known or reasonably suspected child abuse or neglect to include the name, business address, and telephone number of the mandated reporter; the capacity that makes the person a mandated reporter; and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect and the source or sources of that information. (Pen. Code, § 11167, subd. (a).)
   
10. Provides that persons who are not mandated reporters are not required to include their names when reporting suspected abuse or neglect. (Pen. Code, § 11167, subd. (f).)
11. States that the identity of all persons who report shall be confidential and may be disclosed only as follows:
    1. To agencies receiving or investigating mandated reports;
       
    2. To the prosecutor in a criminal prosecution;
       
    3. To the prosecutor in specified proceedings arising from alleged child abuse;
       
    4. To counsel appointed in specified child dependency proceedings;
       
    5. To the county counsel or prosecutor in specified and custody and child dependency proceedings;
       
    6. To a licensing agency when abuse or neglect in out-of-home care is reasonably suspected;
       
    7. When the persons waive confidentiality; or,
       
    8. By court order. (Pen. Code, § 11167, subd. (d)(1).)
12. Prohibits any agency or person from disclosing the identity of any person who reports to that person’s employer, except with the employee’s consent or by court order. (Pen. Code, § 11167, subd. (d)(2).)
13. Provides that a representative of a child protective services agency performing an investigation of a report of child abuse or neglect at the time of the initial contact with the individual who is subject to the investigation, shall advise the individual of the complaints or allegations against them, in a manner that is consistent with laws protecting the identity of the reporter. (Pen. Code, § 11167, subd. (e).)
    
14. Provides that reports of child abuse or neglect investigative reports that result in a summary report being filed with the Department of Justice shall be confidential and may be disclosed only as specified. (Pen. Code, § 11167.5.)
    

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author’s Statement: According to the author, “The anonymous child abuse and neglect reporting system has created an opportunity for abusive partners to make false reports and harass their victims. The resulting investigations are invasive, disruptive and frightening. If families are lucky enough to remain together, they are left with lingering fear and trauma. We cannot allow perpetrators of domestic violence to use the reporting system against the very children it is intended to protect. False reports waste time and resources that could be spent on actual cases of child abuse and they compound the suffering of families that are already struggling. This bill seeks to address these intentionally false reports in order to shield families from harassment and more effectively use the resources of Child Protective Services.”
   
2. Child Abuse and Neglect Reporting Act: The Child Abuse Neglect and Reporting Act (Pen. Code, §§ 11164 et seq.) provides “a comprehensive reporting scheme aimed toward increasing the likelihood that child abuse victims [will] be identified.” (Ferraro v. Chadwick (1990) 221 Cal.App.3d 86, 90.) “The Act requires persons in positions where abuse is likely to be detected to report promptly all suspected and known instances of child abuse to authorities for follow-up investigation.” (Ibid.; accord, James W. v. Superior Court (1993) 17 Cal.App.4th 246, 253-254.)

The Act identifies over 40 separate categories of mandated reporters. (Pen. Code, § 11165.7, subd. (a)(1)-(49).) A mandated reporter must report known or reasonably suspected child abuse or neglect to a designated agency, specifically “any police or sheriff's department, not including a school district police or security department, county probation department, if designated by the county to receive such reports, or county welfare department.” (Pen. Code, § 11166, subd. (a).) Failure to make the required report is a misdemeanor. (Pen. Code, § 11166, subd. (c).)

1. Reports of Child Abuse or Neglect by Nonmandated Reporters: The Child Abuse Neglect and Reporting Act also permits any person that is not a mandated reporter, who has knowledge of, or reasonably suspects a child has been a victim of child abuse or neglect, to report the known or suspected instance of child abuse or neglect. (Pen. Code, § 11166, subd. (g).)
   
   Unlike mandated reporters of child abuse or neglect, persons who are not mandated reporters are not required to include their names and contact information in the report. (Pen. Code, § 11167, subd. (f).) This bill would require their identifying information, specifically their name, phone number, information that gave rise to the suspected abuse or neglect, and the source of that information.
2. Need for this Bill: Anonymous reporting allows individuals to make allegations of child abuse or neglect without disclosing any identifying information, making it easy to falsify a claim. For example, there have been reports of individuals making reports of child abuse or neglect under the shield of anonymity to settle a grudge. Advocates for domestic violence survivors, in particular, have long been concerned about the role such reports play in keeping women in violent relationships and in punishing them when they leave them. Domestic violence advocates, “see the threat of false reports to child welfare and then actual malicious and retaliatory reporting by batterers at all different stages of abusive relationships, and we see it frequently,” (Blustain R., False Abuse Reports Trouble Child Welfare Advocates (Oct. 14, 2013) < https://citylimits.org/‌2013/10/04/false‌‌-abuse-reports-trouble-child-welfare-advocates/> [as of March 2, 2023].)

Even in the most well intended cases of child abuse and neglect reporting, an inherent flaw is that the public is not trained in what to report. Lay people have a higher probability of making baseless reports simply because they do not understand the signs and definitions of child maltreatment. (Worley, N. K., & Melton, G. B., Mandated Reporting Laws a Child Maltreatment: The Evolution of a Flawed Policy Response (2013) at p. 103–118).) In contrast, mandated reporters receive extensive trainings, and they are required to provide their names and employment information so they can be held accountable for proper reporting and evidence gathering. (Dale Margolin Cecka, Abolish Anonymous Reporting to Child Abuse Hotline (2014) 64 Cath. U. L. Rev. 51, 63.)

In other contexts, before arresting or detaining anyone on the basis of any anonymous tip, police must corroborate aspects of the allegation made by the anonymous caller. (Florida v. J.L. (2000) 529 U.S. 266 [a “bare-bones” tip from an anonymous source providing no details regarding how the source knew about the crime was not reliable to justify investigative detention].) However, law enforcement and child welfare agencies have an opposite mandate: they are required to investigate reports of child abuse and neglect. (See e.g., Pen. Code, §§ 11166.3, 11165.14, 1165.9.) Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or any other person unless otherwise authorized. (Pen. Code, § 11165.9.)

Unfounded cases of child abuse and neglect can lead to families being stigmatized by the community, parents losing employment because of the demands of formally refuting abuse allegations, or unnecessary removal of children from their homes to be placed in foster care, itself a risk factor for psychological harm. The investigation itself, even it fails to end in substantiation, also can fractionate the family and destroy relationships with people outside the family. Indeed it inevitably results in a substantial invasion of privacy and almost certainly increases anxiety and helplessness. (Worley, N. K., & Melton, G. B., supra, at p. 103, 107.)

This bill would require a nonmandated reporter of child abuse or neglect to disclose their name and telephone number, and, significantly, the information that gave rise to the report and the source of the information that give rise to the report. In so doing, the agencies can more accurately substantiate claims of child abuse or neglect and more efficiently manage their caseloads. Additionally, requiring a reporter to disclose their names and information giving rise to the report could deter unfounded, baseless reports that are merely intended to harass parents and families.

Notably this bill would abolish anonymity but not confidentiality. The Penal Code mandates that the identity of “all persons” who report shall be confidential and may be disclosed only to specified agencies, prosecutors, and counsel in connection with investigations of child abuse and child dependency proceedings. (Pen. Code, § 11167, subd. (d)(1).) State law also specifically prohibits an investigator of a report from disclosing the identity to the subject of the investigation and prohibits any agency from disclosing the identity of any person who reports to that person’s employer, except with the employee’s consent or by court order. (Pen. Code, §§ 11167, subds. (e) & (d)(2).)

1. Argument in Support: According to Root and Rebound, “anonymous reports disproportionately affect low-income people of color. Research has shown that black children are twice as likely to be reported as white children and minority parents are more likely to receive higher levels of state intervention following a report. False reports compound the suffering of families that are already struggling. Confidential reporting would greatly increase the likelihood that resources are spent on legitimate cases of child abuse or neglect. …
   

“The problem of harassment in reporting could be solved by simply requiring all reporters of child abuse and neglect to provide their names and contact information. The new confidential reporting system would maintain strict confidentiality around their identity. This would discourage intentional fake reporting and allow child protective services to better assess allegations.”

1. Related Legislation:
   
   1. AB 1028 (McKinnor), would remove the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury caused by assaultive or abusive conduct. AB 1028 is pending hearing in this Committee.
      
   2. AB 1544 (Lackey), would authorize a police or sheriff’s department to which a report of suspected child abuse or severe neglect is made to forward to the Department of Justice a report in writing of its investigation that is determined to be substantiated. AB 1544 is pending referral.
      
   3. SB 47 (Roth), would require an agency that receives a report of known or suspected child abuse to take specified actions, including, among other things, requiring an investigator to make contact with the person who made the report. SB 47 is pending in Senate Public Safety Committee.
      
2. Prior Legislation:
   
   1. AB 2085 (Holden), Chapter 770, Statutes of 2022, limited the definition of “general neglect” for the purposes of the Child Abuse and Neglect Reporting Act, to only include circumstances where the child is at substantial risk of suffering serious physical harm or illness.
      
   2. AB 717 (Ammiano), Chapter 468, Statutes of 2011, among other things, revised the definition of a “substantiated report” to exclude a report where the investigator who conducted the investigation found the report to be false, inherently improbable, to involve an accidental injury, or to not constitute child abuse or neglect, as specified.
      

REGISTERED SUPPORT / OPPOSITION:

Support

A New Way of Life Re-entry Project

Aouon Orange County

Los Angeles Dependency Lawyers, INC.

Root & Rebound

Western Center on Law & Poverty

Opposition

None

Analysis Prepared by: