Bill Text: CA SB478 | 2015-2016 | Regular Session | Chaptered
Bill Title: Child Abuse and Neglect Reporting Act: mandated reporters: pilot program.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-10-04 - Chaptered by Secretary of State. Chapter 490, Statutes of 2015. [SB478 Detail]
Download: California-2015-SB478-Chaptered.html
BILL NUMBER: SB 478 CHAPTERED
BILL TEXT
CHAPTER 490
FILED WITH SECRETARY OF STATE OCTOBER 4, 2015
APPROVED BY GOVERNOR OCTOBER 4, 2015
PASSED THE SENATE SEPTEMBER 3, 2015
PASSED THE ASSEMBLY SEPTEMBER 2, 2015
AMENDED IN ASSEMBLY AUGUST 27, 2015
AMENDED IN ASSEMBLY AUGUST 18, 2015
AMENDED IN ASSEMBLY JULY 9, 2015
AMENDED IN SENATE JUNE 1, 2015
INTRODUCED BY Senator Huff
(Coauthor: Senator Hertzberg)
(Coauthors: Assembly Members Chang, Dababneh, and Cristina Garcia)
FEBRUARY 26, 2015
An act to add and repeal Section 11166.02 of the Penal Code, and
to add and repeal Section 10612.5 of the Welfare and Institutions
Code, relating to child abuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 478, Huff. Child Abuse and Neglect Reporting Act: mandated
reporters: pilot program.
The Child Abuse and Neglect Reporting Act requires a mandated
reporter, as defined, to make a report to a specified agency 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. Existing law further
requires the mandated reporter to make an initial report by telephone
to the agency immediately or as soon as is practicably possible, and
to prepare and send, fax, or electronically transmit a written
followup report within 36 hours of receiving the information
concerning the incident.
This bill, until January 1, 2021, would authorize certain county
welfare agencies to develop a pilot program for Internet-based
reporting of child abuse and neglect, as specified. The bill would
impose specified standards on a county that participates in the pilot
program. The bill would also require the State Department of Social
Services to consult with the County Welfare Directors Association of
California and the county welfare agencies of the individual counties
to determine which counties may be involved in the pilot program.
The bill would require the department to oversee and administer the
pilot program, and require a county that chooses to participate in
the pilot program to hire an evaluator to monitor implementation of
the program. The bill would require a county that participates in the
pilot program to develop outcome measures that determine the
effectiveness of the pilot program of the county, as specified, and
report to specified committees of the Legislature on or before
January 1, 2020, on the effectiveness of the pilot program. The bill
would authorize the department to conclude the pilot program prior to
January 1, 2021, if the evaluation and monitoring indicate that
implementation of the program compromises the safety of children.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11166.02 is added to the Penal Code, to read:
11166.02. (a) A county welfare agency, as determined in Section
10612.5 of the Welfare and Institutions Code, may develop a pilot
program for Internet-based reporting of child abuse and neglect. The
pilot program may receive reports by mandated reporters, as specified
in paragraph (5), of suspected child abuse or neglect and shall meet
all of the following conditions:
(1) The suspected child abuse or neglect does not indicate that
the child is subject to an immediate risk of abuse, neglect, or
exploitation or that the child is in imminent danger of severe harm
or death.
(2) The agency provides an Internet form that includes
standardized safety assessment qualifying questions in order to
obtain necessary information required to assess the need for child
welfare services and a response. The State Department of Social
Services shall provide guidance through written directives to
counties participating in the pilot program to incorporate qualifying
questions in the online report that would indicate the need to
redirect the mandated reporter to perform a telephone report.
(3) The mandated reporter is required to complete all required
fields, including identity and contact information of the mandated
reporter, in order to submit the report.
(4) The agency provides an Internet-based reporting system that
has appropriate security protocols to preserve the confidentiality of
the reports and any documents or photographs submitted through the
system.
(5) The system can only be used by mandated reporters who are any
of the following:
(A) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2.
(B) A probation officer or social worker, as defined in Section
215 of the Welfare and Institutions Code.
(C) A school teacher, counselor, or administrator.
(D) A physician and surgeon, psychologist, licensed nurse, or
clinical social worker licensed pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code.
(E) A coroner.
(6) Nothing in this section shall be construed as changing current
statutory or regulatory requirements regarding timely review,
assessment, and response to reports of possible abuse or neglect.
(b) (1) In a county where the pilot program is active, a mandated
reporter listed in paragraph (5) of subdivision (a) may use the
Internet-based reporting tool in lieu of the required initial
telephone report required by subdivision (a) of Section 11166. A
mandated reporter listed in paragraph (5) of subdivision (a)
submitting an Internet-based report in accordance with this
subdivision shall, as soon as practically possible, cooperate with
the agency on any requests for additional information if needed to
investigate the report, subject to applicable confidentiality
requirements.
(2) In a county where the pilot program is active, a mandated
reporter who submits the initial report through the Internet-based
reporting tool in lieu of the required initial telephone report is
not required to submit the written followup report required pursuant
to subdivision (a) of Section 11166.
(c) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 2. Section 10612.5 is added to the Welfare and Institutions
Code, to read:
10612.5. (a) The department shall consult with the County Welfare
Directors Association of California and any interested county
welfare agencies to determine which counties may be involved in the
pilot program established pursuant to Section 11166.02 of the Penal
Code. The pilot program may operate in up to 10 counties.
(b) The department shall oversee and administer the pilot program
through the issuance of written directives that shall have the same
force and effect as regulations. The directives shall be exempt from
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).
(c) A county that chooses to participate in the pilot program
shall hire an evaluator to monitor the implementation of the program
in accordance with directives issued by the department pursuant to
subdivision (b).
(d) (1) In addition to any requirements set forth by the
department under this section, a county that participates in the
pilot program shall, in collaboration with the County Welfare
Directors Association of California and the department, develop
outcome measures to determine the effectiveness of the pilot program
of the county during the duration of the pilot program, which may
include the following:
(A) The number of reports provided by telephone and any increase
or decrease in the usage of telephone reports.
(B) The number of reports provided through the Internet-based
reporting system and any increase or decrease in usage of the system.
(C) Any increase or decrease in the number of emergency or
nonemergency telephone reports.
(D) Any increase or decrease in the overall number of emergency or
nonemergency reports.
(2) A county that participates in the pilot program shall, on or
before January 1, 2020, provide information to the Assembly Committee
on Human Services and the Senate Committee on Human Services
pertaining to the effectiveness of the pilot program based on the
outcome measures developed pursuant to this subdivision.
(e) The department may conclude the pilot program on a
county-by-county basis prior to January 1, 2021, if the evaluation
and monitoring indicate the pilot program is compromising the safety
of children.
(f) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
