Bill Text: CA AB336 | 2015-2016 | Regular Session | Introduced

---

Bill Title: Child welfare services: investigations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB336 Detail]

Download: California-2015-AB336-Introduced.html

---

BILL NUMBER: AB 336	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Waldron

                        FEBRUARY 13, 2015

   An act to add Section 16501.9 to the Welfare and Institutions
Code, relating to child welfare.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 336, as introduced, Waldron. Child welfare services:
investigations.
   Existing law requires the state, through the Department of Social
Services and county welfare departments, to establish and support a
public system of statewide child welfare services to be available in
each county of the state. All counties are required to establish and
maintain specialized organizational entities within the county
welfare department that have the sole responsibility for the
operation of the child welfare services program. The Legislature has
declared its intent, in providing for this statewide system of child
welfare services, that all children are entitled to be safe and free
from abuse and neglect.
   This bill would expressly authorize a parent or legal guardian to
make a video or audio recording of his or her interview or
interactions with a county child protective services social worker
who is investigating allegations of parental abuse or neglect. This
bill would require such a county child protective services social
worker to inform a parent or legal guardian, in writing, that the
parent or legal guardian may make a video or audio recording of his
or her interview or interactions with a county child protective
services social worker. This bill would also require that a copy of
the written notification be signed by the parent or legal guardian
and returned to the county child protective services social worker to
acknowledge receipt of the written notification.
   This bill would require a higher level of service by requiring a
county child protective services social worker to provide notice to
parents or legal guardians, and would thereby create 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 16501.9 is added to the Welfare and
Institutions Code, to read:
   16501.9.  (a) (1) A parent or legal guardian may make a video or
audio recording of his or her interview or interactions with a county
child protective services social worker who is investigating
allegations of parental abuse or neglect.
   (2) The Legislature finds and declares that nothing in existing
law prevents a parent or legal guardian from making a video or audio
recording of his or her interview or interactions with a county child
protective services social worker.
   (b) A county child protective services social worker's
participation in an investigation of parental abuse or neglect shall
be deemed consent to video or audio recording pursuant to subdivision
(a).
   (c) A county child protective services social worker, assigned to
a role performing duties that include assuming the custody of
children or conducting interviews of a child or his or her parent in
order to investigate allegations of parental abuse or neglect, shall
provide notification to a parent or a legal guardian undergoing
investigation of parental abuse or neglect, in writing, that the
parent or legal guardian may make a video or audio recording of his
or her interview or interactions with a county child protective
services social worker.
   (d) A copy of the written notification shall be signed by the
parent or legal guardian and returned to the county child protective
services social worker to acknowledge receipt of the written
notification.
  SEC. 2.  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.