Bill Text: CA AB395 | 2019-2020 | Regular Session | Amended
Bill Title: Child abuse or neglect: foster children.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB395 Detail]
Download: California-2019-AB395-Amended.html
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Amended
IN
Assembly
April 03, 2019 |
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Amended
IN
Assembly
March 20, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 395 |
| Introduced by Assembly Member Blanca Rubio (Coauthors: Assembly Members Chu, Gipson, Lackey, Maienschein, and Mark Stone) (Coauthor: Senator Beall) |
February 06, 2019 |
An act to add Section 1538.1 to the Health and Safety Code, and to amend Sections 11166, 11166.1, 11166.3, and 11167.5 of, and to add Section 11166.09 to, of the Penal Code, relating to child abuse or neglect.
LEGISLATIVE COUNSEL'S DIGEST
AB 395, as amended, Blanca Rubio.
Child abuse or neglect: foster children.
Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as “mandated reporters,” to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law states the Legislature’s intent that those receiving agencies in 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, and requires the local law enforcement agency to report investigations of suspected child abuse or neglect to the county welfare or probation department within 36 hours after starting its investigation. Existing
Existing law generally provides for the placement of children in foster care, and provides for the licensure and regulation by the State Department of Social Services of certain community care facilities that provide care for foster children, including short-term residential therapeutic programs and transitional housing placement providers. Existing
law requires the receiving agencies, agencies receiving mandated reports, within 24 hours of receiving a report of abuse alleged to have occurred in facilities licensed to care for children by the State Department of Social Services, department, to notify the licensing office with jurisdiction over that facility. Existing law makes reports of child abuse or neglect confidential and limits the disclosure of the reports to certain individuals or entities.
This bill would require certain agencies to develop and implement protocols for coordinating investigations of alleged child
abuse and neglect involving children under the jurisdiction of the juvenile court. The bill would require, when an agency receives a report that contains a report of abuse or neglect alleged to have occurred in a resource family home, foster family home, certified foster home, the home of an approved relative or nonrelative extended family member, or a facility licensed to care for children by the department, to notify the licensing office or agency with oversight responsibility over the home or facility within the 24-hour period described above.
Existing law generally provides for the placement of children in foster care, and provides for the licensure and regulation by the State Department of Social Services of certain community care facilities that provide care for foster children, including short-term residential therapeutic programs and transitional housing placement providers.
Among other things, this bill would, when a receiving entity receives a reported allegation of child abuse or neglect that involves a child in foster care in which the alleged abuse or neglect occurred in a community care facility, require the receiving entity to coordinate investigation efforts with the licensing agency, as specified, and notify the Office of the State Foster Care Ombudsperson within 24 hours of receiving the report. The bill would require an investigation conducted
by the receiving entity or the licensing agency to be completed no later than 30 days after the initial report was received by the entity. The bill would also add the Office of the State Foster Care Ombudsperson, as specified, to the list of individuals and entities to which reports may be disclosed. By imposing new duties on local officials, the bill would impose a state-mandated local program.
This bill would require, whenever a licensing office or the department or another agency with oversight responsibility over a home or facility becomes aware of an allegation of abuse or neglect to cooperate with other agencies to coordinate existing duties in connection with the investigation and to complete the investigation no later than 30
45 days after receiving notice of the allegation. The bill would establish standards and protocols for the conduct of the investigation, including, among other things, requiring a face-to-face interview in private with the victim of child abuse or neglect separate and apart from the suspected offender. The bill would require, upon completion of the investigation, the approving agency or the licensing agency to send a copy of its investigation report to the Office of the State Foster Care Ombudsperson. The bill would require that office to review a representative sample of the investigations annually and include determinations of the extent to which the investigations complied with the investigation protocols. The bill would authorize that office to make recommendations for the improvement of those protocols based on the determinations. The bill would also delete obsolete provisions.
require the department to, at a minimum, annually report to the Legislature and post on its internet website, a statewide summary of these investigations, as specified.
The bill would also add the Office of the State Foster Care Ombudsperson, as specified, to the list of individuals and entities to which reports may be disclosed, and would delete obsolete provisions.
By imposing new duties on local officials, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1538.1 is added to the Health and Safety Code, to read:1538.1.
(a) Whenever the department or another agency with oversight responsibility over a resource family home, foster family home, certified foster home, the home of an approved relative or nonrelative extended family member, or a facility licensed to care for children by the department becomes aware of an allegation of child abuse or neglect, the department or oversight agency shall complete a timely investigation.(b) The department or oversight agency shall cooperate with other agencies, as appropriate, including law enforcement agencies, the county welfare department, or the county probation department, to coordinate existing duties in connection with the investigation of suspected child abuse or neglect. The agencies may work together to
avoid duplicative interviews of the alleged victim or other individuals to reduce trauma and promote efficiency.
(c) The investigation by the department or oversight agency shall be assigned to an investigator, who is not the analyst or social worker who licensed or approved the facility or home, or the social worker assigned to the case, or any other party with a possible conflict of interest.
(d) The investigation shall include, but not be limited to, all of the following:
(1) A face-to-face interview in private with the suspected victim of child abuse or neglect. If deemed necessary or appropriate based on the allegations, this interview shall be a forensic interview by a child advocacy center. A “forensic interview” means an interview between a trained forensic interviewer, as defined by National Children’s
Alliance standards, and a child in which the interviewer obtains information from children in an unbiased and factfinding manner that is developmentally appropriate and culturally sensitive to support accurate and fair decisionmaking by the multidisciplinary team in the criminal justice and child protection systems. Whenever practical, all parties involved in investigating reports of child maltreatment shall observe the interview, which shall be digitally recorded.
(2) A face-to-face interview with any other child who is believed by the investigator to have knowledge of the alleged incident of child abuse or neglect. If that child is no longer placed in the home or facility in which the alleged abuse or neglect occurred, the investigator shall make reasonable and diligent efforts to locate that child. If the child has been reunited with the child’s parent, the investigator should contact the parent about interviewing the child. This section
does not compel the child or parent to meet or talk with the investigator.
(3) An interview with any adults residing in, or any staff present at, the facility at the time of the alleged incident of child abuse or neglect who are believed by the investigator to have knowledge of the alleged incident of child abuse or neglect.
(4) Interviews, as necessary, with other individuals who may have knowledge of child abuse or neglect, including the alleged victim’s teachers and doctors.
(5) A review of all past complaints concerning the home or facility and the findings and resolution of those complaints, including the nature and status of any corrective actions.
(6) A review of the frequency of caseworker visits with the suspected victim of child abuse or
neglect during the year of placement in which the alleged abuse or neglect occurred.
(e) An investigator shall, to the best of that investigator’s ability, maintain the privacy of all minors and nonminor dependents involved in the investigation.
(f) An interview with the suspected victim of child abuse or neglect and any other children shall be conducted separate and apart from the suspected offender. The location of the interview shall not be in the location where the alleged abuse or neglect occurred or in a location where the suspected offender of the alleged abuse or neglect is present.
(g) An investigation conducted by the department or oversight agency shall be completed no later than 45 days after receiving notice of the allegation of abuse or neglect subject to an extension of an additional 45 days upon
supervisory review and approval. The supervisor shall provide in the investigation report a written explanation of why the extension is being granted and what actions have been taken in the investigation at the point of the granting of the extension. As long as the investigation remains uncompleted and a determination has not been made, a child shall not be placed in the home or facility.
(h) Upon completion of the investigation, the approving agency or the licensing agency shall send a copy of its investigation report to the Office of the State Foster Care Ombudsperson. The Office of the State Foster Care Ombudsperson shall review a representative sample of the investigations annually and include determinations of the extent to which the investigations complied with the investigation protocol. The Office of the State Foster Care Ombudsperson may make recommendations for the improvement of those protocols based on the determinations.
(i) (1) The department shall, at a minimum, annually report to the Legislature and post on its internet website a statewide summary of the investigations conducted pursuant to this section, including, but not limited to, the results of the investigations and the timeliness of the investigations. The summary shall include only deidentified and aggregate information that does not violate the confidentiality of a child’s identity and records.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1.SEC. 2.
Section 11166 of the Penal Code is amended to read:11166.
(a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in the mandated reporter’s professional capacity or within the scope of employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident.(1) For purposes of this article, “reasonable suspicion” means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, if appropriate, on training and experience, to suspect child abuse or neglect. “Reasonable suspicion” does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any “reasonable suspicion” is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified and a report
shall be prepared and sent, faxed, or electronically transmitted even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy.
(3) A report made by a mandated reporter pursuant to this section shall be known as a mandated report.
(b) This section does not supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required.
(c) A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this
section is guilty of 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. If a mandated reporter intentionally conceals the mandated reporter’s failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense.
(d) (1) A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, “penitential communication” means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made
to a clergy member who, in the course of the discipline or practice of the clergy member’s church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of the church, denomination, or organization, has a duty to keep those communications secret.
(2) This subdivision does not modify or limit a clergy member’s duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member
or any custodian of records for the clergy member, prior to January 1, 1997, in the clergy member’s or custodian’s professional capacity or within the scope of employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.
(B) This paragraph applies even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.
(C) The local law enforcement agency has jurisdiction to
investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.
(e) (1) A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of
the processor’s professional capacity or employment, any film, photograph, videotape, negative, slide, or 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 depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy
of the image or material attached.
(2) A commercial computer technician who has knowledge of or observes, within the scope of the technician’s professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images or materials are seen. As soon as practicably
possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials.
(3) For purposes of this article, “commercial computer technician” includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7.
(4) As used in this subdivision, “electronic medium” includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5) As used in
this subdivision, “sexual conduct” means any of the following:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.
(B) Penetration of the vagina or rectum by any object.
(C) Masturbation for the purpose of sexual stimulation of the viewer.
(D) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(E) Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, the mandated reporter makes a report of the abuse or neglect pursuant to subdivision (a).
(g) Any other person who has knowledge of or observes a child whom the person knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, “any other person” includes a mandated reporter who acts in that person’s private capacity and not in that person’s professional capacity
or within the scope of employment.
(h) When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(i) (1) The reporting duties under this section are individual, and a supervisor or administrator shall not impede or inhibit the reporting duties, and a person making a report is not subject to a sanction for making the report. However, internal
procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. An internal policy shall not direct an employee to allow the employee’s supervisor to file or process a mandated report under any circumstances.
(2) The internal procedures shall not require an employee required to make reports pursuant to this article to disclose the employee’s identity to the employer.
(3) Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person is not a substitute for making a mandated report to an agency specified in Section 11165.9.
(j) (1) A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorney’s office every known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to the parent’s substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or
electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(2) A county probation or welfare department shall immediately, and in no case in more than 24 hours, report to the law enforcement agency having jurisdiction over the case after receiving information that a child or youth who is receiving child welfare services has been identified as the victim of commercial sexual exploitation, as defined in subdivision (d) of Section 11165.1.
(3) A mandated reporter who knows or reasonably suspects a child who is under the jurisdiction of the juvenile court or who is the subject of a voluntary program of supervision pursuant to Section 301 of the
Welfare and Institutions Code has been the victim of child abuse or neglect shall make a report to the appropriate agency designated to receive mandated reports for intake and evaluation of risk. Any report of abuse or neglect of a child described in this paragraph shall be responded to with the same emergency response protocol described in Section 16208 of the Welfare and Institutions Code as any other report.
(4) If a child or youth who is receiving child welfare services and who is reasonably believed to be the victim of, or is at risk of being the victim of, commercial sexual exploitation, as defined in Section 11165.1, is missing or has been abducted, the county probation or welfare department shall immediately, or in no case later than 24 hours from receipt of the information, report the incident to the appropriate law enforcement
authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children.
(k) A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorney’s office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it
which is alleged to have occurred as a result of the action of a person responsible for the child’s welfare, or as the result of the failure of a person responsible for the child’s welfare to adequately protect the minor from abuse when the person responsible for the child’s welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
All of the following shall apply when an entity specified in Section 11165.9 receives a reported allegation of child abuse or neglect pursuant to Section 11166 that involves a child in foster care in which the alleged abuse or neglect occurred in a community care facility, as defined in Section 1502 of the Health and Safety Code:
(a)The entity shall, within 24 hours, notify the licensing agency pursuant to Section 11166.1 and shall coordinate efforts with the licensing agency to provide the most immediate and appropriate response warranted to investigate the reported allegation. The entity and the licensing agency may collaborate to develop protocols to implement this
subdivision.
(b)The entity shall, within 24 hours, notify the Office of the State Foster Care Ombudsperson for purposes of carrying out the duties described in subdivision (a) of Section 16164 of the Welfare and Institutions Code. Upon completion of the investigation, the entity and the licensing agency shall send a copy of its investigation report to the Office of the State Foster Care Ombudsperson.
(c)(1)An investigation of the reported allegation conducted by the entity or the licensing agency shall include, but not be limited to, all of the following:
(A)A face-to-face interview with the suspected victim of child abuse or neglect.
(B)A face-to-face interview with any other child who is believed by the investigator to have knowledge of the alleged incident of child abuse or neglect, and who was residing in the community care facility at the time of the alleged incident of child abuse or neglect.
(C)A face-to-face interview with any adults residing in, or any staff present at, the community care facility at the time of the alleged incident of child abuse or neglect.
(D)An investigator shall, to the best of that investigator’s ability, maintain the privacy of all minors and nonminor dependents involved in the investigation.
(2)An interview with the suspected victim of child abuse or neglect and any other children shall be conducted
separate and apart from the suspected offender.
(d)An investigation conducted by the entity or the licensing agency shall be completed no later than 30 days after the initial report was received by the entity.
SEC. 3.
Section 11166.1 of the Penal Code is amended to read:11166.1.
(a) (1) When an agency receives a report pursuant to Section 11166 that contains either of the following, it shall, within 24 hours, notify the licensing office or agency with oversight responsibility over the home or facility:(1)
(A) A report of abuse or neglect alleged to have occurred in
a resource family home, foster family home, certified foster home, the home of an approved relative or nonrelative extended family member, or a facility licensed to care for children by the State Department of Social Services.
(2)
(B) A report of the death of a child who was, at the time of death, living at, enrolled in, or regularly attending a facility licensed to care for children by the State Department of Social Services, unless the circumstances of the child’s death are clearly unrelated to the child’s care at the facility.
The
(2) The agency shall send the licensing agency a copy of its investigation and any other pertinent materials.
(b) An employee of an agency specified in Section 11165.9 who has knowledge of, or observes in the employee’s
professional capacity or within the scope of employment, a child in protective custody whom the employee knows or reasonably suspects has been the victim of child abuse or neglect shall, within 36 hours, send or have sent to the child’s attorney and the parents’ attorneys a copy of the report prepared in accordance with Section 11166. The agency shall maintain a copy of the written report. All information requested by the attorney for the child or the child’s guardian ad litem shall be provided by the agency within 30 days of the request.
(c)(1)Whenever a licensing office or agency with oversight responsibility over a home or facility becomes aware of an allegation of child abuse or neglect, the licensing office or oversight agency shall complete a timely investigation.
(2)The licensing office or oversight agency shall cooperate with other agencies as appropriate, including law enforcement, the county welfare department, or the probation department, to coordinate existing duties in connection with the investigation of suspected child abuse or neglect. Agencies may work together to avoid duplicative interviews of the alleged victim or other individuals to reduce trauma and promote efficiency.
(3)The investigation by the licensing office or oversight agency shall be assigned to an investigator, who is not the analyst or social worker who licensed or approved the facility or home, or the social worker assigned to the case, or any other party with a possible conflict of interest.
(4)The investigation shall include, but not be limited to, all of the following:
(A)A face-to-face interview in private with the suspected victim of child abuse or neglect. If deemed necessary or appropriate based on the allegations, this interview shall be a forensic interview by a child advocacy center. A “forensic interview” means an interview between a trained forensic interviewer, as defined by National Children’s Alliance standards, and a child in which the interviewer obtains information from children in an unbiased and factfinding manner that is developmentally appropriate and culturally sensitive to support accurate and fair decisionmaking by the multidisciplinary team in the criminal justice and child protection systems. Whenever practical, all parties involved in investigating reports of child maltreatment shall
observe the interview, which shall be digitally recorded.
(B)A face-to-face interview with any other child who is believed by the investigator to have knowledge of the alleged incident of child abuse or neglect. If that child is no longer placed in the home or facility in which the alleged abuse or neglect occurred, the investigator shall make reasonable and diligent efforts to locate that child. If the child has been reunited with the child’s parent, the investigator should contact the parent about interviewing the child. This section does not compel the child or parent to meet or talk with the investigator.
(C)An interview with any adults residing in, or any staff present at, the facility at the time of the alleged incident of child abuse or neglect who are believed by the
investigator to have knowledge of the alleged incident of child abuse or neglect.
(D)Interviews as necessary with other individuals who may have knowledge of child abuse or neglect, including the alleged victim’s teachers and doctors.
(E)A review of all past complaints concerning the home or facility and the findings and resolution of those complaints, including the nature and status of any corrective actions.
(5)An investigator shall, to
the best of that investigator’s ability, maintain the privacy of all minors and nonminor dependents involved in the investigation.
(6)An interview with the suspected victim of child abuse or neglect and any other children shall be conducted separate and apart from the suspected offender. The location of the interview shall not be in the location where the alleged abuse or neglect occurred or in a location where the suspected offender of the alleged abuse or neglect is present.
(7)An investigation conducted by a licensing office or approving agency shall be completed no later than 30 days after receiving notice
of the allegation of abuse or neglect subject to an extension of an additional 30 days upon supervisory review and approval. As long as the investigation remains uncompleted and a determination has not been made, a child shall not be placed in the home or facility.
(8)Upon completion of the investigation, the approving agency or the licensing agency shall send a copy of its
investigation report to the Office of the State Foster Care Ombudsperson. The Office of the State Foster Care Ombudsperson shall review a representative sample of the investigations annually and include determinations of the extent to which the investigations complied with the investigation protocol. The Office of the State Foster Care Ombudsperson may make recommendations for the improvement of those protocols based on the determinations.
SEC. 4.
Section 11166.3 of the Penal Code is amended to read:11166.3.
(a) The Legislature intends that in each county the law enforcement agencies and the county welfare or probation department shall develop and implement cooperative arrangements in order to coordinate existing duties in connection with the investigation of suspected child abuse or neglect cases. The local law enforcement agency having jurisdiction over a case reported under Section 11166 shall report to the county welfare or probation department that it is investigating the case within 36 hours after starting its investigation. The county welfare department or probation department shall, in cases where a minor is a victim of actions specified in Section 288 of this code and a petition has been filed pursuant to Section 300 of the Welfare and Institutions Code with regard to the minor, evaluate what action or actions would be in the best interest of the child victim. Notwithstanding any other provision of law, the county welfare department or probation department shall submit in writing its findings and the reasons therefor to the district attorney on or before the completion of the investigation. The written findings and the reasons therefor shall be delivered or made accessible to the defendant or defense counsel in the manner specified in Section 859.(b) The local law enforcement agency having jurisdiction over a case reported under Section 11166 shall report to the district office of the State Department of Social Services any case reported under this section if the case involves a facility specified in paragraph (5) or (6) of
subdivision (a) of Section 1502, Section 1596.750 or 1596.76 of the Health and Safety Code, and the licensing of the facility has not been delegated to a county agency. The law enforcement agency shall send a copy of its investigation report and any other pertinent materials to the licensing agency upon the request of the licensing agency.
(c) An agency specified in Section 11165.9 shall develop and implement protocols with licensing offices and agencies with oversight responsibilities over homes and facilities for coordinating investigations of alleged child abuse and neglect involving children under the jurisdiction of the juvenile court.
SEC. 5.
Section 11167.5 of the Penal Code is amended to read:11167.5.
(a) The reports required by Sections 11166 and 11166.2, or authorized by Section 11166.05, and child abuse or neglect investigative reports that result in a summary report being filed with the Department of Justice pursuant to subdivision (a) of Section 11169 shall be confidential and may be disclosed only as provided in subdivision (b). A violation of the confidentiality provided by this article is a misdemeanor punishable by imprisonment in a county jail not to exceed six months, by a fine of five hundred dollars ($500), or by both that imprisonment and fine.(b) Reports of suspected child abuse or neglect and information contained therein may be disclosed only to the
following:
(1) Persons or agencies to whom disclosure of the identity of the reporting party is permitted under Section 11167.
(2) Persons or agencies to whom disclosure of information is permitted under subdivision (b) of Section 11170 or subdivision (a) of Section 11170.5.
(3) Persons or agencies with whom investigations of child abuse or neglect are coordinated under the regulations promulgated under Section 11174.
(4) Multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951 of the Welfare and Institutions Code.
(5) Persons or agencies responsible for the licensing of
facilities that care for children, as specified in Section 11165.7.
(6) The State Department of Social Services or a county, as specified in paragraph (4) of subdivision (b) of Section 11170, when an individual has applied for a license to operate a community care facility or child daycare facility, or for a certificate of approval to operate a certified family home or resource family home, or for employment or presence in a licensed facility, certified family home, or resource family home, or when a complaint alleges child abuse or neglect by a licensee or employee of, or individual approved to be present in, a licensed facility, certified family home, or resource family home.
(7) Hospital scan teams. As used in this paragraph, “hospital scan team” means a team of three or
more persons established by a hospital, or two or more hospitals in the same county, consisting of health care professionals and representatives of law enforcement and child protective services, the members of which are engaged in the identification of child abuse or neglect. The disclosure authorized by this section includes disclosure among all hospital scan teams.
(8) Coroners and medical examiners when conducting a post mortem examination of a child.
(9) The Board of Parole Hearings, which may subpoena an employee of a county welfare department who can provide relevant evidence and reports that both (A) are not unfounded, pursuant to Section 11165.12, and (B) concern only the current incidents upon which parole revocation proceedings are pending against a parolee charged
with child abuse or neglect. The reports and information shall be confidential pursuant to subdivision (d) of Section 11167.
(10) Personnel from an agency responsible for making a placement of a child pursuant to Section 361.3 of, and Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code.
(11) Persons who have been identified by the Department of Justice as listed in the Child Abuse Central Index pursuant to paragraph (7) of subdivision (b) of Section 11170 or subdivision (c) of Section 11170, or persons who have verified with the Department of Justice that they are listed in the Child Abuse Central Index as provided in subdivision (f) of Section 11170. Disclosure under this paragraph is required notwithstanding the California
Public Records Act, Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code. This paragraph does not preclude a submitting agency prior to disclosure from redacting any information necessary to maintain confidentiality as required by law.
(12) Out-of-state law enforcement agencies conducting an investigation of child abuse or neglect only when an agency makes the request for reports of suspected child abuse or neglect in writing and on official letterhead, or as designated by the Department of Justice, identifying the suspected abuser or victim by name and date of birth or approximate age. The request shall be signed by the department supervisor of the requesting law enforcement agency. The written request shall cite the out-of-state statute or interstate compact provision that requires that the
information contained within these reports is to be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent unlawful disclosure provided by the requesting state or the applicable interstate compact provision.
(13) Out-of-state agencies responsible for approving prospective foster or adoptive parents for placement of a child only when the agency makes the request in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). The request shall also cite the safeguards in place to prevent unlawful disclosure provided by the requesting state or the applicable interstate compact provision and indicate that the requesting state shall maintain continual compliance with the requirement in paragraph (20) of subdivision
(a) of Section 671 of Title 42 of the United States Code that requires the state have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoptive placement cases.
(14) Each chairperson of a county child death review team, or
that chairperson’s designee, to whom disclosure of information is permitted under this article, relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victim, siblings, or suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review teams.
(15) The Office of the State Foster Care Ombudsperson when the reported allegation of child abuse or neglect involves a child in foster care and occurred in a community care facility, as defined in Section 1502 of the Health and Safety Code.
(c) Authorized persons within county health departments shall be permitted to receive copies of any reports made by health practitioners,
as defined in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7, and pursuant to Section 11165.13, and copies of assessments completed pursuant to Sections 123600 and 123605 of the Health and Safety Code, to the extent permitted by federal law. Any information received pursuant to this subdivision is protected by subdivision (e).
(d) This section does not require the Department of Justice to disclose information contained in records maintained under Section 11170 or under the regulations promulgated pursuant to Section 11174, except as otherwise provided in this article.
(e) This section does not allow disclosure of any reports or records relevant to the reports of child abuse or neglect if the disclosure would be prohibited by any other state or federal law applicable
to the reports or records relevant to the reports of child abuse or neglect.
SEC. 6.
To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that
this act contains other 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.
