BILL NUMBER: AB 2873	CHAPTERED  08/30/04

	CHAPTER  350
	FILED WITH SECRETARY OF STATE  AUGUST 30, 2004
	APPROVED BY GOVERNOR  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JULY 29, 2004
	AMENDED IN SENATE  JUNE 29, 2004

INTRODUCED BY   Assembly Member Garcia

                        FEBRUARY 20, 2004

   An act to add Article 6 (commencing with Section 18973) to Chapter
11 of Part 6 of Division 9 of the Welfare and Institutions Code,
relating to child abuse prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2873, Garcia.  Child abuse prevention:  citizen review panels.
   Existing law establishes the Office of Child Abuse Prevention in
the State Department of Social Services, for the purpose of planning,
improving, developing, and carrying out programs and activities
relating to the prevention, identification, and treatment of child
abuse and neglect. Existing federal law generally requires every
state that receives a federal grant for child abuse and neglect
prevention treatment programs to establish not less than 3 child
abuse citizen review panels.  Existing federal law requires a citizen
review panel to examine the policies, procedures, and practices of
state and local agencies, and where appropriate, specific cases, to
evaluate the extent to which state and local agencies are effectively
discharging their child protection responsibilities.  Existing
federal law prevents members of a citizen review panel from
disclosing information about any specific child protection case,
subject to civil sanctions to be imposed by the state.
   This bill would conform state law to federal law regarding the
establishment and duties of a citizen review panel.  The bill would
provide that a violation of the bill's confidentiality requirements
may be punishable by a $500 civil fine.


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


  SECTION 1.  Article 6 (commencing with Section 18973) is added to
Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions
Code, to read:

      Article 6.  Citizen Review Panels

   18973.  (a) Each citizen review panel established pursuant to
Section 5106a(c) of Title 42 of the United States Code shall examine
the policies, procedures, and practices of state and local child
protective services agencies and, where appropriate, specific cases,
to evaluate the extent to which the agencies are effectively
discharging their child protection responsibilities in accordance
with the state child and family services plan and the child
protection standards set forth under Section 5106a(b) of Title 42 of
the United States Code, and with relevant sections of this code and
the Penal Code.
   (b) A citizen review panel may review the extent to which the
state child protective services system is coordinated with the foster
care and adoption programs established under Part E of Title IV of
the Social Security Act (42 U.S.C. Sec. 670 et seq.).
   (c) A panel may examine any other criteria its members consider
important to ensure the protection of children.
   (d) Each panel shall be composed of volunteer members who are
broadly representative of the community in which a panel is
established, including members who have expertise in the prevention
and treatment of child abuse and neglect, private citizens, former
consumers of services, court-appointed special advocates, foster
parents, children's attorneys, law enforcement personnel, health and
mental health professionals, substance abuse professionals,
representatives from elementary and secondary education,
representatives from higher education, mandated reporters, and
representatives of tribal governments.
   (e) The members and staff of a citizen review panel may not
disclose to any person or government official any identifying
information about any specific child protection case that is provided
to the panel.
   (f) Nothing in this section shall preclude a panel from releasing
any information provided to the panel that will permit the panel to
inform the public, a county child welfare services agency, a county
board of supervisors, and other relevant agency concerning the panel'
s progress, findings, and recommendations, if the information does
not contain identifying information about any specific child
protection case.
   (g) A panel shall attempt to obtain case information that is free
of data that reveals the identity of the recipients of service.
   (h) A violation of subdivision (e) may be punishable by a civil
fine of up to five hundred dollars ($500).