Bill Text: CA SB1264 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child abuse reporting: mandated reporters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-24 - Chaptered by Secretary of State. Chapter 518, Statutes of 2012. [SB1264 Detail]

Download: California-2011-SB1264-Introduced.html

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BILL NUMBER: SB 1264	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Vargas

                        FEBRUARY 23, 2012

   An act to amend Sections 11165.7, 11166, 11166.01, and 11166.5 of
the Penal Code, and to amend Section 355 of the Welfare and
Institutions Code, relating to child abuse reporting.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1264, as introduced, Vargas. Child abuse reporting: mandated
reporters.
   Existing law, the Child Abuse and Neglect Reporting Act, requires
a mandated reporter, as defined, to report whenever he or she, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observed a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. Failure to report an incident is a crime punishable
by imprisonment in a county jail for a period of up to 6 months, a
fine of $1,000, or by both. Except as provided, any supervisor or
administrator who impedes or inhibits an individual's reporting
duties shall be punished by not more than 6 months in a county jail,
by a fine of not more than $1,000, or by both. Any mandated reporter
who willfully fails to report abuse or neglect, or any person who
impedes or inhibits a report of abuse or neglect, in violation of
reporting requirements, where that abuse or neglect results in death
or great bodily injury, shall be punished by not more than one year
in a county jail, by a fine of not more than $5,000, or by both.
   This bill would include in the list of individuals who are
mandated reporters any athletic coach, including, but not limited to,
an assistant coach or a graduate assistant involved in coaching at a
public or private postsecondary institution. The bill would increase
the penalty for failure to report an incident to up to 12 months in
a county jail, a fine of $5,000, or both. The bill would increase the
penalty for a supervisor or administrator who impedes or inhibits an
individual's reporting duties to not more than 12 months in a county
jail, a fine of not more than $10,000, or both. The bill would also
require that any mandated reporter convicted of willfully failing to
report abuse or neglect, or any person who impedes or inhibits a
report of abuse or neglect, in violation of reporting requirements,
where that abuse or neglect results in death or great bodily injury,
be guilty of a felony, punishable by a minimum of one year and a
maximum of 5 years in state prison, by a fine of not more than
$25,000, or by both.
   By imposing the mandated reporting requirement on a new class of
persons, for whom failure to report specified conduct is a crime, and
by increasing penalties for an existing crime, this 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 no reimbursement is required by this
act for a specified reason.
   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 11165.7 of the Penal Code is amended to read:
   11165.7.  (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 any public
or private school.
   (4) A classified employee of any public school.
   (5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school. 
   (6) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary institutions.  
   (6) 
    (7)  An administrator of a public or private day camp.

   (7)
    (8)  An administrator or employee of a public or private
youth center, youth recreation program, or youth organization.

   (8) 
    (9)  An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children. 
   (9) 
    (10)  Any 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) 
    (11)  A licensee, an administrator, or an employee of a
licensed community care or child day care facility. 
   (11) 
    (12)  A Head Start program teacher. 
   (12) 
    (13)  A licensing worker or licensing evaluator employed
by a licensing agency as defined in Section 11165.11. 
   (13) 
    (14)  A public assistance worker. 
   (14) 
    (15)  An employee of a child care institution,
including, but not limited to, foster parents, group home personnel,
and personnel of residential care facilities. 
   (15) 
    (16)  A social worker, probation officer, or parole
officer. 
   (16) 
    (17)  An employee of a school district police or
security department. 
   (17) 
    (18)  Any person who is an administrator or presenter
of, or a counselor in, a child abuse prevention program in any public
or private school. 
   (18) 
    (19)  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) 
    (20)  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) 
    (21)  A firefighter, except for volunteer firefighters.

   (21) 
    (22)  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) 
    (23)  Any 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) 
    (24)  A psychological assistant registered pursuant to
Section 2913 of the Business and Professions Code. 
   (24) 
    (25)  A marriage and family therapist trainee, as
defined in subdivision (c) of Section 4980.03 of the Business and
Professions Code. 
   (25) 
    (26)  An unlicensed marriage and family therapist intern
registered under Section 4980.44 of the Business and Professions
Code. 
   (26) 
    (27)  A state or county public health employee who
treats a minor for venereal disease or any other condition. 
   (27) 
    (28)  A coroner. 
   (28) 
    (29)  A medical examiner, or any other person who
performs autopsies. 
   (29) 
    (30)  A commercial film and photographic print
processor, as specified in subdivision (e) of Section 11166. As used
in this article, "commercial film and photographic print processor"
means any person who develops exposed photographic film into
negatives, slides, or prints, or who makes prints from negatives or
slides, for compensation. The term includes any employee of such a
person; it does not include a person who develops film or makes
prints for a public agency. 
   (30) 
   (31)  A child visitation monitor. As used in this
article, "child visitation monitor" means any person who, for
financial compensation, acts as monitor of a visit between a child
and any other person when the monitoring of that visit has been
ordered by a court of law. 
   (31) 
    (32)  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 any 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 any 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) 
    (33)  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) 
    (34)  Any custodian of records of a clergy member, as
specified in this section and subdivision (d) of Section 11166.

   (34) 
    (35)  Any employee of any police department, county
sheriff's department, county probation department, or county welfare
department. 
   (35) 
    (36)  An employee or volunteer of a Court Appointed
Special Advocate program, as defined in Rule  1424 
 5.655  of the California Rules of Court. 
   (36) 
    (37)  A custodial officer as defined in Section 831.5.

   (37) 
    (38)  Any person providing services to a minor child
under Section 12300 or 12300.1 of the Welfare and Institutions Code.

   (38) 
    (39)  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) 
    (40)  A clinical counselor trainee, as defined in
subdivision (g) of Section 4999.12 of the Business and Professions
Code. 
   (40) 
    (41)  A clinical counselor intern registered under
Section 4999.42 of the Business and Professions Code.
   (b) Except as provided in paragraph  (35)  
(36)  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) 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.
   (d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
   (e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
   (f) 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.
  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 his
or her professional capacity or within the scope of his or her
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
to the agency immediately or as soon as is practicably possible by
telephone and the mandated reporter shall prepare and send, fax, or
electronically transmit a written followup report thereof 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, when appropriate, on his or her 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 the purpose 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) Any report made by a mandated reporter pursuant to this
section shall be known as a mandated report.
   (b) If after reasonable efforts a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately or
as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form
prescribed by the Department of Justice, and shall also be available
to respond to a telephone followup call by the agency with which he
or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an
initial report by telephone is not required to submit a written
followup report.
   (1) The one-time automated written report form prescribed by the
Department of Justice shall be clearly identifiable so that it is not
mistaken for a standard written followup report. In addition, the
automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was
not able to be completed. The reason for the submission of the
one-time automated written report in lieu of the procedure prescribed
in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work
with stakeholders to modify reporting forms and the CWS/CMS as is
necessary to accommodate the changes enacted by these provisions.
   (2) This subdivision shall not become operative until the CWS/CMS
is updated to capture the information prescribed in this subdivision.

   (3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009, whichever
occurs first.
   (4) On the inoperative date of these provisions, a report shall be
submitted to the counties and the Legislature by the Department of
Social Services that reflects the data collected from automated
one-time reports indicating the reasons stated as to why the
automated one-time report was filed in lieu of the initial telephone
report.
   (5) Nothing in this section shall 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)  Any   Notwithstanding   Section
11162, any  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   12  months confinement in a county
jail or by a fine of  one thousand dollars ($1,000) 
 five thousand dollars ($5,000),  or by both that
imprisonment and fine. If a mandated reporter intentionally conceals
his or her 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 his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
   (2) Nothing in this subdivision shall be construed to 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 his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of sexual abuse 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 shall apply 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 shall have 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) Any commercial film and photographic print processor who has
knowledge of or observes, within the scope of his or her professional
capacity or employment, any film, photograph, videotape, negative,
or slide depicting a child under the age of 16 years engaged in an
act of sexual conduct, shall report the instance of suspected child
abuse to the law enforcement agency having jurisdiction over the case
immediately, or as soon as practicably possible, by telephone and
shall prepare and send, fax, or electronically transmit a written
report of it with a copy of the film, photograph, videotape,
negative, or slide attached within 36 hours of receiving the
information concerning the incident. As used in this subdivision,
"sexual conduct" means any of the following:
   (1) 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.
   (2) Penetration of the vagina or rectum by any object.
   (3) Masturbation for the purpose of sexual stimulation of the
viewer.
   (4) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
   (5) Exhibition of the genitals, pubic, or rectal areas of any
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, he or she 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
he or she 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 his or her private capacity and not in his or
her professional capacity or within the scope of his or her
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 no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject to
any 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.
   (2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her 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 shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
   (j) 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 which 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.
   (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.
  SEC. 3.  Section 11166.01 of the Penal Code is amended to read:
   11166.01.  (a) Except as provided in subdivision (b)  and
notwithstanding Section 11162  , any supervisor or administrator
who violates paragraph (1) of subdivision (i) of Section 11166 shall
be punished by not more than  six   12 
months in a county jail, by a fine of not more than  one
thousand dollars ($1,000)   ten thousand dollars
($10,000)  , or by both that fine and imprisonment.
   (b) Notwithstanding Section 11162 or subdivision (c) of Section
11166, any mandated reporter who willfully fails to report abuse or
neglect, or any person who impedes or inhibits a report of abuse or
neglect, in violation of this article, where that abuse or neglect
results in death or great bodily injury, shall be  punished
  , notwithstanding subdivision (h) of Section 1170,
guilty of a felony punishable  by not  more 
 less  than one year  and not more than five years 
in  a county jail   state prison  , by a
fine of not more than  five thousand dollars ($5,000)
  twenty-five thousand dollars ($25,000)  , or by
both that fine and imprisonment.
  SEC. 4.  Section 11166.5 of the Penal Code is amended to read:
   11166.5.  (a) On and after January 1, 1985, any mandated reporter
as specified in Section 11165.7, with the exception of child
visitation monitors, prior to commencing his or her employment, and
as a prerequisite to that employment, shall sign a statement on a
form provided to him or her by his or her employer to the effect that
he or she has knowledge of the provisions of Section 11166 and will
comply with those provisions. The statement shall inform the employee
that he or she is a mandated reporter and inform the employee of his
or her reporting obligations under Section 11166 and of his or her
confidentiality rights under subdivision (d) of Section 11167. The
employer shall provide a copy of Sections 11165.7, 11166, and 11167
to the employee.
   On and after January 1, 1993, any person who acts as a child
visitation monitor, as defined in paragraph  (30) 
 (31)  of subdivision (a) of Section 11165.7, prior to
engaging in monitoring the first visit in a case, shall sign a
statement on a form provided to him or her by the court which ordered
the presence of that third person during the visit, to the effect
that he or she has knowledge of the provisions of Section 11166 and
will comply with those provisions.
   The signed statements shall be retained by the employer or the
court, as the case may be. The cost of printing, distribution, and
filing of these statements shall be borne by the employer or the
court.
   This subdivision is not applicable to persons employed by public
or private youth centers, youth recreation programs, and youth
organizations as members of the support staff or maintenance staff
and who do not work with, observe, or have knowledge of children as
part of their official duties.
   (b) On and after January 1, 1986, when a person is issued a state
license or certificate to engage in a profession or occupation, the
members of which are required to make a report pursuant to Section
11166, the state agency issuing the license or certificate shall send
a statement substantially similar to the one contained in
subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person. In
addition to the requirements contained in subdivision (a), the
statement also shall indicate that failure to comply with the
requirements of Section 11166 is a misdemeanor, punishable by up to
 six   12  months in a county jail, by a
fine of  one thousand dollars ($1,000)   five
thousand dollars ($5,000)  , or by both that imprisonment and
fine.
   (c) As an alternative to the procedure required by subdivision
(b), a state agency may cause the required statement to be printed on
all application forms for a license or certificate printed on or
after January 1, 1986.
   (d) On and after January 1, 1993, any child visitation monitor, as
defined in paragraph  (30)   (31)  of
subdivision (a) of Section 11165.7, who desires to act in that
capacity shall have received training in the duties imposed by this
article, including training in child abuse identification and child
abuse reporting. The person, prior to engaging in monitoring the
first visit in a case, shall sign a statement on a form provided to
him or her by the court which ordered the presence of that third
person during the visit, to the effect that he or she has received
this training. This statement may be included in the statement
required by subdivision (a) or it may be a separate statement. This
statement shall be filed, along with the statement required by
subdivision (a), in the court file of the case for which the
visitation monitoring is being provided.
   (e) Any person providing services to a minor child, as described
in paragraph  (37)   (38)  of subdivision
(a) of Section 11165.7, shall not be required to make a report
pursuant to Section 11166 unless that person has received training,
or instructional materials in the appropriate language, on the duties
imposed by this article, including identifying and reporting child
abuse and neglect.
  SEC. 5.  Section 355 of the Welfare and Institutions Code is
amended to read:
   355.  (a) At the jurisdictional hearing, the court shall first
consider only the question whether the minor is a person described by
Section 300. Any legally admissible evidence that is relevant to the
circumstances or acts that are alleged to bring the minor within the
jurisdiction of the juvenile court is admissible and may be received
                                          in evidence. Proof by a
preponderance of evidence must be adduced to support a finding that
the minor is a person described by Section 300. Objections that could
have been made to evidence introduced shall be deemed to have been
made by any parent or guardian who is present at the hearing and
unrepresented by counsel, unless the court finds that the parent or
guardian has made a knowing and intelligent waiver of the right to
counsel. Objections that could have been made to evidence introduced
shall be deemed to have been made by any unrepresented child.
   (b) A social study prepared by the petitioning agency, and hearsay
evidence contained in it, is admissible and constitutes competent
evidence upon which a finding of jurisdiction pursuant to Section 300
may be based, to the extent allowed by subdivisions (c) and (d).
   (1) For the purposes of this section, "social study" means any
written report furnished to the juvenile court and to all parties or
their counsel by the county probation or welfare department in any
matter involving the custody, status, or welfare of a minor in a
dependency proceeding pursuant to  Articles  
Article  6 (commencing with Section 300) to  Article 
12 (commencing with Section 385), inclusive  , of Chapter 2
of Division 2  .
   (2) The preparer of the social study shall be made available for
cross-examination upon a timely request by any party. The court may
deem the preparer available for cross-examination if it determines
that the preparer is on telephone standby and can be present in court
within a reasonable time of the request.
   (3) The court may grant a reasonable continuance not to exceed 10
days upon request by any party if the social study is not provided to
the parties or their counsel within a reasonable time before the
hearing.
   (c) (1) If any party to the jurisdictional hearing raises a timely
objection to the admission of specific hearsay evidence contained in
a social study, the specific hearsay evidence shall not be
sufficient by itself to support a jurisdictional finding or any
ultimate fact upon which a jurisdictional finding is based, unless
the petitioner establishes one or more of the following exceptions:
   (A) The hearsay evidence would be admissible in any civil or
criminal proceeding under any statutory or decisional exception to
the prohibition against hearsay.
   (B) The hearsay declarant is a minor under the age of 12 years who
is the subject of the jurisdictional hearing. However, the hearsay
statement of a minor under the age of 12 years shall not be
admissible if the objecting party establishes that the statement is
unreliable because it was the product of fraud, deceit, or undue
influence.
   (C) The hearsay declarant is a peace officer as defined by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, a health practitioner described in paragraphs  (21) to
(28)   (22) to (29)  , inclusive, of subdivision
(a) of Section 11165.7 of the Penal Code, a social worker licensed
pursuant to Chapter 14 (commencing with Section  4990)
  4991)  of Division 2 of the Business and
Professions Code, or a teacher who holds a credential pursuant to
Chapter 2 (commencing with Section 44200) of Part  24
  25  of Division 3 of Title 2 of the Education
Code. For the purpose of this subdivision, evidence in a declaration
is admissible only to the extent that it would otherwise be
admissible under this section or if the declarant were present and
testifying in court.
   (D) The hearsay declarant is available for cross-examination. For
purposes of this section, the court may deem a witness available for
cross-examination if it determines that the witness is on telephone
standby and can be present in court within a reasonable time of a
request to examine the witness.
   (2) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed hearsay evidence
and it gives the petitioner a reasonable period of time to meet the
objection prior to a contested hearing.
   (d) This section shall not be construed to limit the right of any
party to the jurisdictional hearing to subpoena a witness whose
statement is contained in the social study or to introduce admissible
evidence relevant to the weight of the hearsay evidence or the
credibility of the hearsay declarant.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.