Bill Text: CA AB1911 | 2017-2018 | Regular Session | Amended

California Assembly Bill 1911 (Prior Session Legislation)

CA State Legislature page for AB1911

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Child abuse reporting: cross-reporting among local agencies.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2018-04-26 - From committee: Without further action pursuant to Joint Rule 62(a). [AB1911 Detail]

Download: California-2017-AB1911-Amended.html

Amended IN Assembly March 08, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1911

Introduced by Assembly Member Lackey
(Principal coauthor: Senator Wilk)

January 23, 2018

An act to add Section 11166.6 to the Penal Code, relating to child abuse.

LEGISLATIVE COUNSEL'S DIGEST

AB 1911, as amended, Lackey. Child abuse ~~reporting: County of Los Angeles.~~ reporting: cross-reporting among local agencies.

Existing law requires a county probation or welfare department to immediately, or as soon as practicably possible, report to the law enforcement agency having jurisdiction over the case, to the agency given responsibility for investigation of child welfare cases, and to the district attorney’s office every known or suspected instance of child abuse or neglect, as specified. Existing law states the intent of the Legislature that the law enforcement agencies and the county welfare or probation department of each county develop and implement cooperative arrangements in order to coordinate existing duties in connection with the investigation of suspected child abuse or neglect cases. Existing law requires a local law enforcement agency having jurisdiction over a reported case of child abuse to report to the county welfare or probation department that it is investigating the case, and requires the county welfare department or probation department, in certain cases, to evaluate what action or actions would be in the best interest of the child and to submit its findings to the district attorney, as specified.

This bill would, no later than January 1, 2029, require each county to establish a private and secure online database for cross-reporting allegations of child abuse and neglect. The bill would require each database to be implemented with policies to oversee the sharing of information, including, but not limited to, cross-reporting among the county welfare department, the district attorney’s office, and local law enforcement agencies, to ensure that each agency carries out its mandated investigative response to reports of child abuse or neglect. The bill would require the database to facilitate the submission of reports to the Department of Justice for inclusion in the Child Abuse Central Index. By imposing new duties on counties, this bill would impose a state-mandated local program.
This bill would require the district attorney’s office of the County of Los Angeles to develop and implement a pilot program on or before January 1, 2020, with policies to oversee the sharing of information, including cross-reporting between the Department of Family and Children Services of the County of Los Angeles and local law enforcement agencies, to ensure that each agency carries out its mandated investigative response to reports of child abuse or neglect. The bill would require substantiated reports of child abuse or neglect to be recorded in an electronic database maintained by the County of Los Angeles and would require the county to transmit copies of those reports to the Child Abuse Central Index maintained by the Department of Justice. The bill would also require the district attorney’s office of the County of Los Angeles to submit, beginning in January of 2021, and annually thereafter, a report to the Legislature, the Governor, and the Board of Supervisors of the County of Los Angeles outlining the number of child abuse or neglect allegations brought to the county and evaluating whether the Department of Family and Children Services of the County of Los Angeles and law enforcement agencies within the county are in compliance with their mandated reporting requirements and applicable county policies. By imposing new duties on local officials, the bill would impose a state-mandated local program.
~~This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.~~

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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.Section 11166.6 is added to the Penal Code, to read:
11166.6.
~~(a)This section shall be known, and may be cited, as Gabriel’s Law.~~
(b)The district attorney’s office of the County of Los Angeles shall develop and implement a pilot program on or before January 1, 2020, with policies to oversee the sharing of information, including cross-reporting between the Department of Family and Children Services of the County of Los Angeles and local law enforcement agencies, to ensure that each agency carries out its mandated investigative response to reports of child abuse or neglect.
~~(1)Substantiated reports of child abuse or neglect shall be recorded in an electronic database maintained by the County of Los Angeles.~~
~~(2)The county shall transmit copies of the reports required pursuant to paragraph (1) to the Child Abuse Central Index maintained by the Department of Justice.~~
(c)(1)The district attorney’s office of the County of Los Angeles shall, beginning in January of 2021, and annually thereafter, submit a report to the Legislature, the Governor, and the Board of Supervisors of the County of Los Angeles outlining the number of child abuse or neglect allegations brought to the county and evaluating whether the Department of Family and Children Services of the County of Los Angeles and law enforcement agencies within the county are in compliance with the requirements of subdivisions (j) and (k) of Section 11166, Section 11166.3, and applicable county policies. The report may include any recommendations for changes in training or practices to ensure full compliance with applicable laws and policies.
~~(2)A report submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.~~
SEC. 2.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique problems with investigations of child abuse and neglect in the County of Los Angeles.

SECTION 1.
The Legislature finds and declares all of the following:
(a) Cross-reporting among law enforcement agencies, county welfare departments, and county district attorney’s offices is mandated in cases involving allegations of child abuse and neglect.
(b) Each agency plays an integral role in safeguarding child welfare.
(c) Open communication among agencies is imperative to ensure child safety.

SEC. 2.

Section 11166.6 is added to the Penal Code, to read:

11166.6.
(a) This section shall be known, and may be cited as, Gabriel’s Law.
(b) No later than January 1, 2029, each county shall establish a private and secure online database for purposes of cross-reporting allegations of child abuse and neglect among agencies and individuals authorized to receive that information.
(c) Each online database shall be implemented with policies to oversee the sharing of information, including, but not limited to, cross-reporting among the county welfare department, the district attorney’s office, and local law enforcement agencies, to ensure that each agency carries out its mandated investigative response to reports of child abuse or neglect.
(d) The online database for cross-reporting allegations of child abuse and neglect shall facilitate the submission of reports to the Department of Justice for inclusion in the Child Abuse Central Index.
(d) For purposes of this section, “cross-reporting” means the transmission of information to agencies given responsibility for the investigation of cases falling under Section 300 of the Welfare and Institutions Code and subject to the mandated reporter requirements of Section 11166.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.