BILL NUMBER: AB 2749 CHAPTERED 08/25/04 CHAPTER 292 FILED WITH SECRETARY OF STATE AUGUST 25, 2004 APPROVED BY GOVERNOR AUGUST 24, 2004 PASSED THE SENATE AUGUST 10, 2004 PASSED THE ASSEMBLY MAY 10, 2004 AMENDED IN ASSEMBLY APRIL 19, 2004 AMENDED IN ASSEMBLY APRIL 1, 2004 INTRODUCED BY Assembly Member Dutton FEBRUARY 20, 2004 An act to amend Section 11167 of the Penal Code, and to amend Section 16206 of the Welfare and Institutions Code, relating to child protective services. LEGISLATIVE COUNSEL'S DIGEST AB 2749, Dutton. Child abuse and neglect investigations: child welfare training program. The Child Abuse and Neglect Reporting Act (CANRA) requires designated professionals, known as mandated reporters, who have contact with children to report to law enforcement agencies known or suspected child abuse or neglect. This bill would require a person performing an investigation that results from a report made pursuant to CANRA to, at the time of initial contact with the person subject to the investigation, advise the person of the complaints or allegations made against him or her in a manner that is consistent with law protecting the identity of a reporter under the act. Existing law requires the State Department of Social Services to select and award a grant to a private nonprofit or public entity for the purpose of establishing a statewide multipurpose child welfare training program. Existing law provides that the purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. Existing law also states the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services, and, in addition, to provide training programs for persons defined as a mandated reporters pursuant to CANRA. Existing law sets forth the subjects to be included in the training provided. This bill would add to these subjects the legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11167 of the Penal Code is amended to read: 11167. (a) Reports of suspected child abuse or neglect pursuant to Section 11166 shall include, if known, the name, business address, and telephone number of the mandated reporter, and the capacity that makes the person a mandated reporter; the child's name and address, present location, and, where applicable, school, grade, and class; the names, addresses, and telephone numbers of the child's parents or guardians; the information that gave rise to the reasonable suspicion of child abuse or neglect and the source or sources of that information; and the name, address, telephone number, and other relevant personal information about the person or persons who might have abused or neglected the child. The mandated reporter shall make a report even if some of this information is not known or is uncertain to him or her. (b) Information relevant to the incident of child abuse or neglect may be given to an investigator from an agency that is investigating the known or suspected case of child abuse or neglect. (c) Information relevant to the incident of child abuse or neglect, including the investigation report and other pertinent materials, may be given to the licensing agency when it is investigating a known or suspected case of child abuse or neglect. (d) (1) The identity of all persons who report under this article shall be confidential and disclosed only among agencies receiving or investigating mandated reports, to the district attorney in a criminal prosecution or in an action initiated under Section 602 of the Welfare and Institutions Code arising from alleged child abuse, or to counsel appointed pursuant to subdivision (c) of Section 317 of the Welfare and Institutions Code, or to the county counsel or district attorney in a proceeding under Part 4 (commencing with Section 7800) of Division 12 of the Family Code or Section 300 of the Welfare and Institutions Code, or to a licensing agency when abuse or neglect in out-of-home care is reasonably suspected, or when those persons waive confidentiality, or by court order. (2) No agency or person listed in this subdivision shall disclose the identity of any person who reports under this article to that person's employer, except with the employee's consent or by court order. (e) Notwithstanding the confidentiality requirements of this section, a representative of a child protective services agency performing an investigation that results from a report of suspected child abuse or neglect made pursuant to Section 11166, at the time of the initial contact with the individual who is subject to the investigation, shall advise the individual of the complaints or allegations against him or her, in manner that is consistent with laws protecting the identity of the reporter under this article. (f) Persons who may report pursuant to subdivision (e) of Section 11166 are not required to include their names. SEC. 2. Section 16206 of the Welfare and Institutions Code is amended to read: 16206. (a) The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act, Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section. (b) The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings. (c) The training provided pursuant to this section shall include all of the following: (1) Crisis intervention. (2) Investigative techniques. (3) Rules of evidence. (4) Indicators of abuse and neglect. (5) Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3. (6) Intervention strategies. (7) Legal requirements of child protection, including requirements of child abuse reporting laws. (8) Case management. (9) Use of community resources. (10) Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence. (11) Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children. (12) The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the child's best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships. (13) The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment. (d) The training provided pursuant to this section may also include any or all of the following: (1) Child development and parenting. (2) Intake, interviewing, and initial assessment. (3) Casework and treatment. (4) Medical aspects of child abuse and neglect. (e) The training program shall assess the program's performance at least annually and forward it to the State Department of Social Services for an evaluation and report to the Legislative Analyst. The first report shall be forwarded to the Legislative Analyst no later than January 1, 1990, and on the first of January in any subsequent years. The assessment shall include at minimum the following: (1) The number of persons trained. (2) The type of training provided. (3) The degree to which the training is perceived by participants as useful in practice. (f) The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims' advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.