Bill Text: CA AB601 | 2025-2026 | Regular Session | Amended
Bill Title: Child abuse: reporting.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed) 2025-08-29 - In committee: Held under submission. [AB601 Detail]
Download: California-2025-AB601-Amended.html
|
Amended
IN
Assembly
April 10, 2025 |
|
Amended
IN
Assembly
March 25, 2025 |
| Introduced by Assembly Member Jackson |
February 13, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)As used in this article, “mandated reporter” is defined as any of the following:
(1)A teacher.
(2)An instructional aide.
(3)A teacher’s aide or teacher’s assistant employed by a public or private school.
(4)A classified employee of a public school.
(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6)An administrator of a public or private day camp.
(7)An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8)An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10)A licensee, an administrator, or an employee of a licensed community care or child daycare facility.
(11)A Head Start program teacher.
(12)A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13)A public assistance worker.
(14)An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15)A social worker, probation officer, or parole officer.
(16)An employee of a school district police or security department.
(17)A person who is an administrator or presenter of, or a counselor
in, a child abuse prevention program in a public or private school.
(18)A district attorney investigator, inspector, or local child
support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20)A firefighter, except for volunteer firefighters.
(21)A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2
(commencing with Section 500) of the Business and Professions Code.
(22)An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23)A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24)A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25)An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.
(26)A state or county public health employee who treats a minor for venereal disease or any other condition.
(27)A coroner.
(28)A medical examiner or other person who performs autopsies.
(29)A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints 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, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30)A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31)An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A)“Animal control officer” means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B)“Humane society officer” means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32)A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33)Any custodian of records of a clergy member, as specified
in this section and subdivision (d) of Section 11166.
(34)An employee of any police department, county sheriff’s department, county probation department, or county welfare department.
(35)An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36)A custodial officer, as defined in Section 831.5.
(37)A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38)An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person
providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40)An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.
(41)An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or
who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42)An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43)(A)A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with
Section 2258A of Title 18 of the United States Code.
(B)An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(44)Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary educational institutions.
(45)An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.
(46)An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.
(47)A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.
(48)A human resource employee of a business
subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a “human resource employee” is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code.
(49)An adult person whose duties require direct contact with and supervision of minors in the performance of the minors’ duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the person’s duty to report known or suspected child abuse or
neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter.
(b)Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c)(1)Except as provided in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training
shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated
reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(2)Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.
(d)Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education,
and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e)(1)On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the
facility.
(2)A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f)Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g)Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision
of children with training in the identification and reporting of child abuse and neglect.
(h)(1)Except as provided in subdivision (g), all employers of mandated reporters described in subdivision (a) shall require that the mandated reporters they employ receive training created pursuant to Section 18950.1 of the Welfare and Institutions Code within the first three months of their employment, or on or before March 1, 2030, whichever is later.
(2)The State Department of Social Services may audit records of any agency or organization employing a mandated reporter to ensure compliance with paragraph (1). If an employer violates this subdivision, the department may seek a court order requiring the employer to comply with these
requirements.
It is the intent of the Legislature to enact legislation requiring the State Department of Social Services to incorporate an assessment of the capacity of community supports and services.
(a)The State Department of Social Services shall, in consultation with the Mandated Reporting Advisory Committee, monitor disparities in the child welfare system.
(b)(1)On or before January 1, 2027, the department shall submit a report to the Legislature on disparities in the child welfare system.
(2)On or before January 1, 2027, the department shall submit a report to the Legislature on the development of the training pursuant to Section 18950.1 with policy recommendations to encourage compliance with subdivision (h) of Section 11165.7 of the Penal Code.
(c)(1)A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
SEC. 4.SECTION 1.
Section 16504 of the Welfare and Institutions Code is amended to read:16504.
(a)(2)County child welfare services departments shall ensure that all child welfare department social workers operating the county’s response system receive training pursuant to Section 18950.1.
SEC. 5.SEC. 2.
Section 16544.5 is added to the Welfare and Institutions Code, to read:16544.5.
The California Child Welfare Council, through its Prevention and Early Intervention Committee, shall establish a Mandated Reporting Advisory Committee (MRAC). The MRAC shall include, but not be limited to, representatives of county agencies, labor organizations, community-based organizations, and parents and youth directly impacted by the child welfare system. It is the intent of the Legislature that the MRAC ensure the transformation of mandated reporting to community supporting continues and disparities in the child welfare system are eliminated.SEC. 6.SEC. 3.
Section 16587 of the Welfare and Institutions Code is amended to read:16587.
(a) A county may elect to provide the prevention services under this chapter by providing a written plan to the State Department of Social Services, in accordance with instructions issued by the department. The written plan shall include the county’s plans to provide information for mandated reporters regarding the resources available to support families in their communities. A county shall promptly notify the department of any changes to the written plan, including, but not limited to, an elimination or reduction of services. During the first year of implementation, a county may elect to provide the prevention services under this chapter by providing a written notice to the department while the county continues to develop its written plan. The county shall consult with other relevant county agencies that serve families and children, Indian tribes, local community representatives, caseworkers, and individuals and families with lived experience with the child welfare system in the development and ongoing implementation of the plan.SEC. 7.SEC. 4.
Section 16589 of the Welfare and Institutions Code is amended to read:16589.
(a) The State Department of Social Services shall have oversight of the Family First Prevention Services program established under this chapter. The department shall consult with the State Department of Health Care Services on any letters or instructions for the Family First Prevention Services program that intersect with services under the Medi-Cal program. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this chapter by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.SEC. 8.SEC. 5.
Section 18950.1 is added to the Welfare and Institutions Code, to read:18950.1.
(a) The Legislature finds and declares all of the following:(4)It is the intent of the Legislature that training be fully implemented regarding the definition of general neglect, as amended by Chapter 770 of the Statutes of 2022, and that investigations of general neglect by child welfare agencies as referred by mandated reporters emphasizes community-based supports and family preservation services to reduce disparities and disproportionality in the child welfare system.
(d)
It is the intent of the Legislature to enact legislation to clarify statutes to allow for the sharing of information across agencies through a multidisciplinary team approach to serve children and families to prevent foster care entry.
