BILL NUMBER: AB 2229	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2010

INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 18, 2010

   An act to amend  Section 11165.13 of the Penal Code, and
to amend Section 830   Sections 830 and 18961.5  of
the Welfare and Institutions Code, relating to child abuse
reporting.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2229, as amended, Brownley. Mandated child abuse reporting.

   The Child Abuse and Neglect Reporting Act requires certain persons
specified as "mandated reporters" to report suspected child abuse or
child neglect, as specified. The act provides that a positive
toxicology screen at the time of the delivery of an infant is not in
and of itself a sufficient basis for reporting child abuse or
neglect, but requires any indication of maternal substance abuse to
lead to an assessment of the needs of the mother and child pursuant
to a specified provision of law, and, if other factors are present
that indicate risk to a child, a report is required to be made, as
specified.  
   This bill would require a health practitioner or medical social
worker who is making a mandated report pursuant to these provisions
relating to maternal substance abuse to disclose all known health
needs of the child, including, but not limited to, a potential
exposure to human immunodeficiency virus (HIV) infection. 
   Existing law authorizes members of a multidisciplinary personnel
team engaged in the prevention, identification, and treatment of
child abuse to disclose and exchange information and writings to and
with one another relating to any incidents of child abuse that may
also be a part of a juvenile court record or otherwise designated as
confidential under state law if the member of the team having that
information or writing reasonably believes it is generally relevant
to the prevention, identification, or treatment of child abuse. A
multidisciplinary personnel team is defined for purposes of this
provision to mean any team of 3 or more persons who are trained in
the prevention, identification, and treatment of child abuse, as
specified.
   This bill would additionally authorize the disclosure and exchange
of information to occur telephonically and electronically if there
is adequate verification of the identity of the multidisciplinary
personnel who are involved in that disclosure or exchange of
information. The bill would revise the definition of a
multidisciplinary personnel team for purposes of this provision to
mean any team of 2 or more persons who are trained in the prevention,
identification, and treatment of child abuse, as specified. 
   Existing law provides that a county may establish a computerized
data base system within that county to allow provider agencies to
share identifying information regarding families at risk for child
abuse or neglect, for the purpose of forming multidisciplinary
personnel teams for the prevention, identification, management, or
treatment of child abuse. A multidisciplinary personnel team is
defined for purposes of this provision to mean any team of 3 or more
persons who are trained in the prevention, identification, and
treatment of child abuse, as specified.  
   This bill would revise the definition of multidisciplinary
personnel teams for purposes of this provision to additionally
include any team of 2 or more persons who are trained in the
prevention, identification, management, or treatment of child abuse,
as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 11165.13 of the Penal Code
is amended to read:
   11165.13.  (a) For purposes of this article, a positive toxicology
screen at the time of the delivery of an infant is not in and of
itself a sufficient basis for reporting child abuse or neglect.
However, any indication of maternal substance abuse shall lead to an
assessment of the needs of the mother and child pursuant to Section
123605 of the Health and Safety Code. If other factors are present
that indicate risk to a child, then a report shall be made. However,
a report 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 shall be made only to a county welfare
or probation department, and not to a law enforcement agency.
   (b) A health practitioner or medical social worker who is making a
mandated report pursuant to this section shall disclose all known
health needs of the child, including, but not limited to, a potential
exposure to human immunodeficiency virus (HIV) infection. 
   SEC. 2.   SECTION 1.   Section 830 of
the Welfare and Institutions Code is amended to read:
   830.  (a) Notwithstanding any other provision of law, members of a
multidisciplinary personnel team engaged in the prevention,
identification, and treatment of child abuse may disclose and
exchange information and writings to and with one another relating to
any incidents of child abuse that may also be a part of a juvenile
court record or otherwise designated as confidential under state law
if the member of the team having that information or writing
reasonably believes it is generally relevant to the prevention,
identification, or treatment of child abuse. All discussions relative
to the disclosure or exchange of any such information or writings
during team meetings are confidential and, notwithstanding any other
provision of law, testimony concerning any such discussion is not
admissible in any criminal, civil, or juvenile court proceeding.
   (b) Disclosure and exchange of information pursuant to this
section may occur telephonically and electronically if there is
adequate verification of the identity of the multidisciplinary
personnel who are involved in that disclosure or exchange of
information.
   (c) As used in this section, the following definitions shall
apply:
   (1) "Childabuse" has the same meaning as defined in Section 18951.

   (2) "Multidisciplinary personnel team" means any team of two or
more persons,  as specified in Section 18951,  the
members of which are trained in the prevention, identification, and
treatment of child abuse and are qualified to provide a broad range
of services related to child abuse.  The team may include, but
shall not be limited to, all of the following:  
   (A) Psychiatrists, psychologists, marriage and family therapists,
or other trained counseling personnel.  
   (B) Police officers or other law enforcement agents. 
   (C) Medical personnel with sufficient training to provide health
services.  
   (D) Social service workers with experience or training in child
abuse prevention.  
   (E) Any public or private school teacher, administrative officer,
supervisor of child welfare attendance, or certified pupil personnel
employee. 
   SEC. 2.    Section 18961.5 of the   Welfare
and Institutions Code   is amended to read: 
   18961.5.  (a) Notwithstanding any other provision of law, any
county may establish a computerized data base system within that
county to allow provider agencies, as defined in subdivision (h), to
share identifying information, as specified in subdivision (c),
regarding families at risk for child abuse or neglect, for the
purpose of forming multidisciplinary personnel teams, as defined in
 either paragraph (2) of subdivision (c) of Section 830 or 
subdivision (d) of Section 18951, for the prevention, identification,
management, or treatment of child abuse.
   (b) Each county shall develop its own standards for defining "at
risk" before joining this system. Only information about children or
the families of children at risk for child abuse or neglect may be
entered into a computerized data base system established pursuant to
this section.
   (c) With regard to a case in which a child or family has been
identified as at risk for child abuse or neglect under this section,
only the following information shall be entered into the system:
   (1) The name, address, telephone number, and date and place of
birth of family members.
   (2) The number assigned to the case by each provider agency.
   (3) The name and telephone number of each employee assigned to the
case from each provider agency.
   (4) The date or dates of contact between each provider agency and
a family member or family members.
   (d) The information may only be entered into the system by, or
disclosed to, provider agency employees designated by the director of
each participating provider agency. Members of the multidisciplinary
personnel teams shall be drawn from these designated employees, or
other persons, as specified in Section 18961. The heads of provider
agencies shall establish a system by which unauthorized personnel
cannot access the data contained in the system.
   (e) The information obtained pursuant to this section shall be
kept confidential and shall be used solely for the prevention,
identification, management, or treatment of child abuse, child
neglect, or both.
   (f) This section shall not supplant any duties required by the
Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with
Section 11164) of Chapter 2 of Title 1 of Part 3 of the Penal Code).
   (g) No employee of a provider agency which serves children and
their families shall be civilly or criminally liable for furnishing
or sharing information as authorized by this section.
   (h) For the purposes of this section, "provider agency" means any
governmental or other agency which has as one of its purposes the
prevention, identification, management, or treatment of child abuse
or neglect. The provider agencies serving children and their families
which may share information under this section shall include, but
not be limited to, the following entities or service agencies:
   (1) Social services.
   (2) Children's services.
   (3) Health services.
   (4) Mental health services.
   (5) Probation.
   (6) Law enforcement.
   (7) Schools.