Bill Text: CA SB1522 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Developmental centers: reporting requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 666, Statutes of 2012. [SB1522 Detail]

Download: California-2011-SB1522-Amended.html

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BILL NUMBER: SB 1522	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 26, 2012
	AMENDED IN SENATE  APRIL 17, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Leno

                        FEBRUARY 24, 2012

   An act to amend Section 4427.5 of the Welfare and Institutions
Code, relating to developmental services, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1522, as amended, Leno. Developmental centers: reporting
requirements.
   Existing law vests in the State Department of Developmental
Services jurisdiction over state hospitals referred to as
developmental centers for the provision of residential care to
persons with developmental disabilities. Existing law requires a
developmental center to immediately report all resident deaths and
serious injuries of unknown origin to the appropriate local law
enforcement agency. Existing law establishes the Office of Protective
Services within the State Department of Developmental Services.
   This bill would instead require a developmental center to
immediately report a death, a sexual assault, an assault with a
deadly weapon or force likely to produce great bodily injury, or an
injury to the genitals  or broken bone  when the
cause of injury is undetermined, to the local law enforcement agency
having jurisdiction over the city or county in which the
developmental center is located, regardless of whether the Office of
Protective Services has investigated the facts and circumstances
relating to the incident. The bill would require the developmental
center to submit a written report of the incident to the local law
enforcement agency within 2 working days of any telephone report to
that agency.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4427.5 of the Welfare and Institutions Code is
amended to read:
   4427.5.  (a) (1) A developmental center shall immediately report
the following incidents involving a resident to the local law
enforcement agency having jurisdiction over the city or county in
which the developmental center is located, regardless of whether the
Office of Protective Services has investigated the facts and
circumstances relating to the incident:
   (A) A death.
   (B) A sexual assault, as defined in Section 15610.63.
   (C) An assault with a deadly weapon or force likely to produce
great bodily injury, as defined in Section 245 of the Penal Code.
   (D) An injury to the genitals when the cause of the injury is
undetermined. 
   (E) A broken bone when the cause of the break is undetermined.

   (2) If the incident is reported to the law enforcement agency by
telephone, a written report of the incident shall also be submitted
to the agency, within two working days.
   (3) The reporting requirements of this subdivision are in addition
to, and do not substitute for, the reporting requirements of
mandated reporters, and any other reporting and investigative duties
of the developmental center and the department as required by law.
   (b) The department shall do both of the following:
   (1) Annually provide written information to every developmental
center employee regarding all of the following:
   (A) The statutory and departmental requirements for mandatory
reporting of suspected or known abuse.
   (B) The rights and protections afforded to individuals' reporting
of suspected or known abuse.
   (C) The penalties for failure to report suspected or known abuse.
   (D) The telephone numbers for reporting suspected or known abuse
or neglect to designated investigators of the department and to local
law enforcement agencies.
   (2) On or before August 1, 2001, in consultation with employee
organizations, advocates, consumers, and family members, develop a
poster that encourages staff, residents, and visitors to report
suspected or known abuse and provides information on how to make
these reports.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that the applicable investigative structure
adequately protects residents of developmental centers and other
vulnerable persons from harm at the earliest possible time, it is
necessary for this act to take effect immediately.