Bill Text: CA AB2786 | 2017-2018 | Regular Session | Amended
Bill Title: Child abuse or neglect detection training.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-17 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2786 Detail]
Download: California-2017-AB2786-Amended.html
Amended
IN
Assembly
April 10, 2018 |
Assembly Bill | No. 2786 |
Introduced by Assembly Member Chau |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law provides that every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights. Existing law also proscribes various crimes against children, including sexual abuse.
This bill would, if a public entity or a private entity, as defined, provides goods or services to members of the public, and the entity provides those goods or services primarily to, or primarily for the enjoyment or benefit of, minors, require the entity to adopt and implement a child sexual abuse prevention plan and would make that entity ineligible to receive state funds until the entity has complied with that requirement. The bill would make a public or private entity that fails to comply with these requirements liable for a civil penalty of $500 for a first offense and $1,000 for each
subsequent offense. The bill would authorize the Attorney General, a district attorney, or a county counsel authorized by agreement with the district attorney to bring an action to impose a civil penalty against a public or private entity if a local or state agency with authority to regulate that public or private entity has satisfied specified requirements.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 12.3 (commencing with Section 18979.30) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:CHAPTER 12.3. Child Abuse or Neglect Detection Training
18979.30.
(a) The Office of Child Abuse Prevention in the State Department of Social Services shall develop an appropriate online training module to instruct public or private organizations serving youth in the detection of child abuse or neglect, as defined in Section 11165.6 of the Penal Code, and the proper action a mandated reporter is required to take in suspected cases of child abuse or neglect, 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). This training module shall include both of the following:18979.31.
An employee or volunteer for a public or private organization serving youth who works or volunteers in a position identified as a mandated reporter pursuant to paragraph (6), (7), (42), or (44) of subdivision (a) of Section 11165.7 of the Penal Code shall use the online training module developed pursuant to, and complete the training required by, Section 18979.30, as follows:18979.32.
A public or private organization serving youth shall retain proof that an employee or volunteer completed the training required by Section 18979.30 for at least 20 years after the date of completion.18979.33.
A public or private organization serving youth that fails to comply with Section 18979.31 or 18979.32 is liable for a civil penalty of five hundred dollars ($500) for a first violation and one thousand dollars ($1,000) for each subsequent violation. The Attorney General, a district attorney, or a county counsel authorized by agreement with the district attorney may bring a civil action in a court of competent jurisdiction to impose a civil penalty pursuant to this section.18979.34.
This chapter does not apply to any entity identified in subdivision (b) of Section 44691 of the Education Code.(a)Notwithstanding any other law, if a public entity or a private entity provides goods or services to members of the public, and the entity provides those goods or services primarily to, or primarily for the enjoyment or benefit of, minors, the entity shall adopt and implement a child sexual abuse prevention plan.
(b)(1)A public or private entity described in subdivision (a) is not eligible to receive state funds until the entity has complied with subdivision (a).
(2)A public or private entity that fails to comply with subdivision (a) is liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for
each subsequent offense. The Attorney General, a district attorney, or a county counsel authorized by agreement with the district attorney may bring a civil action in a court of competent jurisdiction to impose a civil penalty pursuant to this subdivision against a public or private entity if a local or state agency with authority to regulate that public or private entity has satisfied both of the following:
(A)Provided to the public or private entity reasonable notice of noncompliance, informing the entity that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the public or private entity.
(B)Verified that the violation was not corrected within the 30-day period described in subparagraph (A).
(c)For purposes of this section, “public entity”
means the state, county, city, special district, or other political subdivision therein.