Bill Text: CA AB406 | 2013-2014 | Regular Session | Chaptered
Bill Title: Child abuse reporting.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-11 - Chaptered by Secretary of State - Chapter 7, Statutes of 2013. [AB406 Detail]
Download: California-2013-AB406-Chaptered.html
BILL NUMBER: AB 406 CHAPTERED
BILL TEXT
CHAPTER 7
FILED WITH SECRETARY OF STATE JUNE 11, 2013
APPROVED BY GOVERNOR JUNE 11, 2013
PASSED THE SENATE MAY 20, 2013
PASSED THE ASSEMBLY APRIL 11, 2013
INTRODUCED BY Assembly Members Torres and Bloom
FEBRUARY 15, 2013
An act to amend Section 18961.7 of the Welfare and Institutions
Code, relating to child abuse reporting.
LEGISLATIVE COUNSEL'S DIGEST
AB 406, Torres. Child abuse reporting.
Existing law, until January 1, 2014, authorizes counties to
establish a child abuse multidisciplinary personnel team, as defined,
to allow provider agencies to share confidential information in
order to investigate reports of suspected child abuse or neglect or
for the purpose of child welfare agencies making detention
determinations, as specified. Existing law authorizes members of the
team, for 30 days, or longer if good cause exists, following a report
of suspected child abuse or neglect, to disclose to and exchange
with one another information and writings related to any incident of
child abuse that are designated as confidential if the member of the
team reasonably believes it is relevant to the prevention,
identification, or treatment of child abuse. Existing law authorizes
the disclosure and exchange of this information to occur
telephonically and electronically if there is adequate verification
of the identity of the multidisciplinary personnel who are involved
in that disclosure or exchange of information. Existing law requires
that the sharing of information permitted in the period following a
report of suspected child abuse or neglect be governed by protocols
developed in each county describing how and what information may be
shared to ensure that confidential information is not disclosed in
violation of state or federal law.
This bill would delete the repeal of these provisions, thereby
making them operate indefinitely.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18961.7 of the Welfare and Institutions Code is
amended to read:
18961.7. (a) Notwithstanding any other provision of law, a county
may establish a child abuse multidisciplinary personnel team within
that county to allow provider agencies to share confidential
information in order for provider agencies to investigate reports of
suspected child abuse or neglect made pursuant to Section 11160,
11166, or 11166.05 of the Penal Code, or for the purpose of child
welfare agencies making a detention determination.
(b) For the purposes of this section, the following terms shall
have the following meanings:
(1) "Child abuse multidisciplinary personnel team" means any team
of two or more persons who are trained in the prevention,
identification, or treatment of child abuse and neglect cases and who
are qualified to provide a broad range of services related to child
abuse. The team may include, but shall not be limited to:
(A) Psychiatrists, psychologists, marriage and family therapists,
or other trained counseling personnel.
(B) Police officers or other law enforcement agents.
(C) Medical personnel with sufficient training to provide health
services.
(D) Social services workers with experience or training in child
abuse prevention.
(E) Any public or private school teacher, administrative officer,
supervisor of child welfare attendance, or certified pupil personnel
employee.
(2) "Provider agency" means any governmental or other agency that
has as one of its purposes the prevention, identification,
management, or treatment of child abuse or neglect. The provider
agencies serving children and their families that may share
information under this section shall include, but not be limited to,
the following entities or service agencies:
(A) Social services.
(B) Children's services.
(C) Health services.
(D) Mental health services.
(E) Probation.
(F) Law enforcement.
(G) Schools.
(c) (1) Notwithstanding Section 827 of the Welfare and
Institutions Code or any other provision of law, during a 30-day
period, or longer if documented good cause exists, following a report
of suspected child abuse or neglect, members of a child abuse
multidisciplinary personnel team engaged in the prevention,
identification, and treatment of child abuse may disclose to and
exchange with one another information and writings that relate to any
incident of child abuse that may also be designated as confidential
under state law if the member of the team having that information or
writing reasonably believes it is generally relevant to the
prevention, identification, or treatment of child abuse. Any
discussion relative to the disclosure or exchange of the information
or writings during a team meeting is confidential and,
notwithstanding any other provision of law, testimony concerning that
discussion is not admissible in any criminal, civil, or juvenile
court proceeding.
(2) Disclosure and exchange of information pursuant to this
section may occur telephonically and electronically if there is
adequate verification of the identity of the child abuse
multidisciplinary personnel who are involved in that disclosure or
exchange of information.
(3) Disclosure and exchange of information pursuant to this
section shall not be made to anyone other than members of the child
abuse multidisciplinary personnel team, and those qualified to
receive information as set forth in subdivision (d).
(d) The child abuse multidisciplinary personnel team may designate
persons qualified pursuant to paragraph (1) of subdivision (b) to be
a member of the team for a particular case. A person designated as a
team member pursuant to this subdivision may receive and disclose
relevant information and records, subject to the confidentiality
provisions of subdivision (f).
(e) The sharing of information permitted under subdivision (c)
shall be governed by protocols developed in each county describing
how and what information may be shared by the child abuse
multidisciplinary team to ensure that confidential information
gathered by the team is not disclosed in violation of state or
federal law. A copy of the protocols shall be distributed to each
participating agency and to persons in those agencies who participate
in the child abuse multidisciplinary team.
(f) Every member of the child abuse multidisciplinary personnel
team who receives information or records regarding children and
families in his or her capacity as a member of the team shall be
under the same privacy and confidentiality obligations and subject to
the same confidentiality penalties as the person disclosing or
providing the information or records. The information or records
obtained shall be maintained in a manner that ensures the maximum
protection of privacy and confidentiality rights.
(g) This section shall not be construed to restrict guarantees of
confidentiality provided under state or federal law.
(h) Information and records communicated or provided to the team
members by all providers and agencies, as well as information and
records created in the course of a child abuse or neglect
investigation, shall be deemed private and confidential and shall be
protected from discovery and disclosure by all applicable statutory
and common law protections. Existing civil and criminal penalties
shall apply to the inappropriate disclosure of information held by
the team members.
