Amended  IN  Assembly  March 14, 2018
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: 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.
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.

 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.
(e) This section does not relieve a law enforcement agency or child protective agency from the duty to submit a substantiated report of child abuse or severe neglect to the Department of Justice for inclusion in the Child Abuse Central Index as required by Section 11169.

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.