BILL NUMBER: AB 1207 CHAPTERED
BILL TEXT
CHAPTER 414
FILED WITH SECRETARY OF STATE OCTOBER 1, 2015
APPROVED BY GOVERNOR OCTOBER 1, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JUNE 10, 2015
INTRODUCED BY Assembly Member Lopez
(Coauthors: Senators Anderson and Hancock)
FEBRUARY 27, 2015
An act to amend Section 1596.866 of, and to add Section 1596.8662
to, the Health and Safety Code, and to amend Section 11165.7 of the
Penal Code, relating to child abuse reporting.
LEGISLATIVE COUNSEL'S DIGEST
AB 1207, Lopez. Mandated child abuse reporting: child day care
personnel: training.
Under existing law, the California Child Day Care Facilities Act,
the State Department of Social Services licenses and regulates child
day care facilities, as defined. The act requires that, as a
condition of licensure and in addition to any other required
training, at least one director or teacher at each day care center,
and each family day care home licensee who provides care, have at
least 15 hours of health and safety training, covering specified
components, including preventative health practices courses, that may
include identification and reporting of signs and symptoms of child
abuse. A willful or repeated violation of the act is a misdemeanor
punishable by a fine not to exceed $1,000 or by imprisonment in
county jail for a period not to exceed 180 days, or by both the fine
and imprisonment, and a serious violation of the act is subject to
daily civil penalties, as specified.
The Child Abuse and Neglect Reporting Act requires a mandated
reporter, including a licensee, an administrator, or an employee of a
licensed child day care facility, to report whenever he or she, in
his or her professional capacity, has knowledge of or observed a
child whom the mandated reporter knows or reasonably suspects has
been the victim of child abuse or neglect.
This bill would, beginning January 1, 2018, require the department
to develop and disseminate information to providers, administrators,
and employees of licensed child day care facilities regarding
detecting and reporting child abuse, and to provide training
including statewide guidance on the responsibilities of those persons
as mandated reporters, as provided. Beginning January 1, 2018, the
bill would require those persons, as a condition of licensure, to
complete that training provided by the department, as specified.
Under the bill, a violation of its provisions would not be a
misdemeanor or subject to civil fines as a serious violation under
the California Child Day Care Facilities Act. Instead, the bill would
authorize the department to revoke a facility's license if the
facility fails to correct a violation of the bill's provisions within
90 days of receipt of a notice of deficiency from the department, as
provided. The bill would make conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1596.866 of the Health and Safety Code is
amended to read:
1596.866. (a) (1) In addition to other required training, at
least one director or teacher at each day care center, and each
family day care home licensee who provides care, shall have at least
15 hours of health and safety training, and if applicable, at least
one additional hour of training pursuant to clause (ii) of
subparagraph (C) of paragraph (2).
(2) The training shall include the following components:
(A) Pediatric first aid.
(B) Pediatric cardiopulmonary resuscitation (CPR).
(C) (i) A preventive health practices course or courses that
include instruction in the recognition, management, and prevention of
infectious diseases, including immunizations, and prevention of
childhood injuries.
(ii) For licenses issued on or after January 1, 2016, at least one
director or teacher at each day care center, and each family day
care home licensee who provides care, shall have at least one hour of
childhood nutrition training as part of the preventive health
practices course or courses.
(3) The training may include instruction in sanitary food
handling, emergency preparedness and evacuation, and caring for
children with special needs.
(b) Day care center directors and licensees of family day care
homes shall ensure that at least one staff member who has a current
course completion card in pediatric first aid and pediatric CPR
issued by the American Red Cross, the American Heart Association, or
by a training program that has been approved by the Emergency Medical
Services Authority pursuant to this section and Section 1797.191
shall be onsite at all times when children are present at the
facility, and shall be present with the children when children are
offsite from the facility for facility activities. Nothing in this
subdivision shall be construed to require, in the event of an
emergency, additional staff members, who are onsite when children are
present at the facility, to have a current course completion card in
pediatric first aid and pediatric CPR.
(c) (1) The completion of health and safety training by all
personnel and licensees described in subdivision (a) shall be a
condition of licensure.
(2) Training in pediatric first aid and pediatric CPR by persons
described in subdivisions (a) and (b) shall be current at all times.
Training in preventive health practices as described in subparagraph
(C) of paragraph (2) of subdivision (a) is a one-time only
requirement for persons described in subdivision (a).
(3) The department shall issue a provisional license for otherwise
qualified applicants who are not in compliance with this section.
This provisional license shall expire 90 days after the date of
issuance and shall not be extended.
(4) A notice of deficiency shall be issued by the department at
the time of a site visit to any licensee who is not in compliance
with this section. The licensee shall, at the time the notice is
issued, develop a plan of correction to correct the deficiency within
90 days of receiving the notice. The facility's license may be
revoked if it fails to correct the deficiency within the 90-day
period. Section 1596.890 shall not apply to this paragraph.
(d) Completion of the training required pursuant to subdivisions
(a) and (b) shall be demonstrated, upon request of the licensing
agency, by the following:
(1) Current pediatric first aid and pediatric CPR course
completion cards issued by the American Red Cross, the American Heart
Association, or by a training program approved by the Emergency
Medical Services Authority pursuant to Section 1797.191.
(2) (A) A course completion card for a preventive health practices
course or courses as described in subparagraph (C) of paragraph (2)
of subdivision (a) issued by a training program approved by the
Emergency Medical Services Authority pursuant to Section 1797.191.
(B) Persons who, prior to the date on which the amendments to this
section enacted in 1998 become operative, have completed a course or
courses in preventive health practices as described in clause (i) of
subparagraph (C) of paragraph (2) of subdivision (a), and have a
certificate of completion of a course or courses in preventive health
practices, or certified copies of transcripts that identify the
number of hours and the specific course or courses taken for training
in preventive health practices, shall be deemed to have met the
training in preventive health practices.
(3) In addition to training programs specified in paragraphs (1)
and (2), training programs or courses in pediatric first aid,
pediatric CPR, and preventive health practices offered or approved by
an accredited college or university are considered to be approved
sources of training that may be used to satisfy the training
requirements of paragraph (2) of subdivision (a). Completion of this
training shall be demonstrated to the licensing agency by a
certificate of course completion, course completion cards, or
certified copies of transcripts that identify the number of hours and
the specified course or courses taken for the training as defined in
paragraph (2) of subdivision (a).
(e) The training required under subdivision (a) shall not be
provided by a home study course. This training may be provided
through in-service training, workshops, or classes.
(f) All personnel and licensees described in subdivisions (a) and
(b) shall maintain current course completion cards for pediatric
first aid and pediatric CPR issued by the American Red Cross, the
American Heart Association, or by a training program approved by the
Emergency Medical Services Authority pursuant to Section 1797.191, or
shall have current certification in pediatric first aid and
pediatric CPR from an accredited college or university in accordance
with paragraph (3) of subdivision (d).
(g) The department shall have the authority to grant exceptions to
the requirements imposed by this section in order to meet the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.).
(h) The department shall adopt regulations to implement this
section.
SEC. 2. Section 1596.8662 is added to the Health and Safety Code,
to read:
1596.8662. (a) The department shall do all of the following:
(1) Make information available to all licensed child day care
providers, administrators, and employees of licensed child day care
facilities regarding detecting and reporting child abuse and neglect.
(2) Provide training including statewide guidance on the
responsibilities of a mandated reporter who is a licensed day care
provider or an applicant for that license, administrator, or employee
of a licensed child day care facility in accordance with the Child
Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The
department shall provide the guidance using its free module or
modules provided on the State Department of Social Services Internet
Web site or as otherwise specified by the department. This guidance
content shall include, but is not necessarily limited to, all of the
following:
(A) Information on the identification of child abuse and neglect,
including behavioral signs of abuse and neglect.
(B) Reporting requirements for child abuse and neglect, including
guidelines on how to make a suspected child abuse report when
suspected abuse or neglect takes place outside a child day care
facility, or within a child day care facility, and to which
enforcement agency or agencies a report is required to be made.
(C) Information that failure to report an incident of known or
reasonably suspected child abuse or neglect, as required by Section
11166 of the Penal Code, is a misdemeanor punishable by up to six
months confinement in a county jail, or by a fine of one thousand
dollars ($1,000), or by both that imprisonment and fine.
(D) Information that mandated reporting duties are individual and
no supervisor or administrator may impede or inhibit reporting
duties, and no person making a report shall be subject to any
sanction for making the report, pursuant to paragraph (1) of
subdivision (i) of Section 11166 of the Penal Code. A supervisor or
administrator who impedes or inhibits the duties of a mandated
reporter shall be subject to punishment pursuant to Section 11166.01
of the Penal Code.
(E) Information on childhood stages of development in order to
help distinguish whether a child's behavior or physical symptoms are
within range for his or her age and ability, or are signs of abuse or
neglect.
(3) The department shall provide training, including information
about child safety and maltreatment prevention using its free
training module or modules specified in paragraph (2), or as
otherwise specified by the department. This information shall
include, but is not necessarily limited to, all of the following:
(A) Information on protective factors that may help prevent abuse,
including dangers of shaking a child, safe sleep practices,
psychological effects of repeated exposure to domestic violence, safe
and age-appropriate forms of discipline, how to promote a child's
social and emotional health, and how to support positive parent-child
relationships.
(B) Information on recognizing risk factors that may lead to
abuse, such as stress and social isolation, and available resources
to which a family may be referred to help prevent child abuse and
neglect.
(C) When to call for emergency medical attention to prevent
further injury or death.
(D) Information on how a licensed child care provider,
administrator, or employee of a licensed child day care facility
might communicate with a family before and after making a suspected
child abuse report.
(4) The department shall comply with the Dymally-Alatorre
Bilingual Services Act of 1973 (Chapter 17.5 (commencing with Section
7290) of the Government Code), which includes, among alternative
communication options, providing the same type of training materials
in any non-English language spoken by a substantial number of members
of the public whom the department serves.
(b) (1) On or before March 30, 2018, a person who, on January 1,
2018, is a licensed child care provider, administrator, or employee
of a licensed child day care facility shall complete the mandated
reporter training provided pursuant to paragraphs (2) and (3) of
subdivision (a), and shall complete renewal mandated reporter
training every two years following the date on which he or she
completed the initial mandated reporter training.
(2) On and after January 1, 2018, a person who applies for a
license to be a provider of a child day care facility shall complete
the mandated reporter training provided pursuant to paragraphs (2)
and (3) of subdivision (a) as a precondition to licensure and shall
complete renewal mandated reporter training every two years following
the date on which he or she completed the initial mandated reporter
training.
(3) On and after January 1, 2018, a person who becomes an
administrator or employee of a licensed child day care facility shall
complete the mandated reporter training provided pursuant to
paragraphs (2) and (3) of subdivision (a) within the first 90 days
that he or she is employed at the facility and shall complete renewal
mandated reporter training every two years following the date on
which he or she completed the initial mandated reporter training.
(4) The licensee of a licensed child day care facility shall
obtain proof from an administrator or employee of the facility that
the person has completed mandated reporter training in compliance
with this subdivision.
(5) A licensed child day care provider, administrator, or employee
of a licensed child day care facility who does not use the online
training module provided by the department shall report to, and
obtain approval from, the department regarding the training that
person shall use in lieu of the online training module.
(c) Current proof of completion for each licensed child care
provider or applicant for that license, administrator, and employee
of a licensed child day care facility shall be submitted to the
department upon inspection of the child day care or upon request by
the department.
(d) (1) The department shall issue a notice of deficiency at the
time of a site visit to the licensee of a licensed child day care
facility who is not in compliance with this section. The licensee
shall, at the time the department issues the notice of deficiency,
develop a plan to correct the deficiency within 45 days.
(2) A deficiency under this subdivision is not subject to Section
1596.890.
(e) A licensed child care provider or applicant for that license,
an administrator, or employee of a licensed child care facility is
exempt from the detecting and reporting child abuse training if he or
she has limited English proficiency and training is not made
available in his or her primary language.
(f) This section shall become operative on January 1, 2018.
SEC. 3. Section 11165.7 of the Penal Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by a public
or private school.
(4) A classified employee of a public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of a public or
private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) An employee of a county office of education or the State
Department of Education whose duties bring the employee into contact
with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency, as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) A person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in a public or private
school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker, unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) An emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner or other person who performs autopsies.
(29) A commercial film and photographic print or image processor
as specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print or image processor"
means a person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, or
who prepares, publishes, produces, develops, duplicates, or prints
any representation of information, data, or an image, including, but
not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disk, data storage medium, CD-ROM,
computer-generated equipment, or computer-generated image, for
compensation. The term includes any employee of that person; it does
not include a person who develops film or makes prints or images for
a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means a person who, for financial compensation,
acts as a monitor of a visit between a child and another person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means a person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means a person appointed or employed
by a public or private entity as a humane officer who is qualified
pursuant to Section 14502 or 14503 of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) An employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 5.655 of the California Rules of
Court.
(36) A custodial officer, as defined in Section 831.5.
(37) A person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not, in and
of itself, a sufficient basis for reporting child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary educational institution, whose duties bring the
administrator or employee into contact with children on a regular
basis, or who supervises those whose duties bring the administrator
or employee into contact with children on a regular basis, as to
child abuse or neglect occurring on that institution's premises or at
an official activity of, or program conducted by, the institution.
Nothing in this paragraph shall be construed as altering the
lawyer-client privilege as set forth in Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(43) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer technician" means a person who works for a
company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including, but
not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any
other material relating to the operation and maintenance of a
computer or computer network system, for a fee. An employer who
provides an electronic communications service or a remote computing
service to the public shall be deemed to comply with this article if
that employer complies with Section 2258A of Title 18 of the United
States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(44) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary educational institutions.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Except as provided in subdivision (d), employers are strongly
encouraged to provide their employees who are mandated reporters with
training in the duties imposed by this article. This training shall
include training in child abuse and neglect identification and
training in child abuse and neglect reporting. Whether or not
employers provide their employees with training in child abuse and
neglect identification and reporting, the employers shall provide
their employees who are mandated reporters with the statement
required pursuant to subdivision (a) of Section 11166.5.
(d) Pursuant to Section 44691 of the Education Code, school
districts, county offices of education, state special schools and
diagnostic centers operated by the State Department of Education, and
charter schools shall annually train their employees and persons
working on their behalf specified in subdivision (a) in the duties of
mandated reporters under the child abuse reporting laws. The
training shall include, but not necessarily be limited to, training
in child abuse and neglect identification and child abuse and neglect
reporting.
(e) (1) On and after January 1, 2018, pursuant to Section
1596.8662 of the Health and Safety Code, a child care licensee
applicant shall take training in the duties of mandated reporters
under the child abuse reporting laws as a condition of licensure, and
a child care administrator or an employee of a licensed child day
care facility shall take training in the duties of mandated reporters
during the first 90 days when he or she is employed by the facility.
(2) A person specified in paragraph (1) who becomes a licensee,
administrator, or employee of a licensed child day care facility
shall take renewal mandated reporter training every two years
following the date on which he or she completed the initial mandated
reporter training. The training shall include, but not necessarily be
limited to, training in child abuse and neglect identification and
child abuse and neglect reporting.
(f) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(g) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.