BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2229|
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                                 THIRD READING


          Bill No:  AB 2229
          Author:   Brownley (D)
          Amended:  8/2/10 in Senate
          Vote:     21

           
           SENATE HUMAN SERVICES COMMITTEE  :  5-0, 6/22/10
          AYES:  Liu, Emmerson, Romero, Runner, Yee
           
          SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/29/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  76-0, 6/2/10 - See last page for vote


           SUBJECT  :    Mandated child abuse reporting

           SOURCE  :     Los Angeles County District Attorney


           DIGEST  :    This bill establishes time-limited authority for  
          counties to create two-person multidisciplinary personnel  
          teams engaged in the investigation of suspected child abuse  
          or neglect, as specified.

           ANALYSIS  :    

          Existing law:

          1. Authorizes members of a multidisciplinary personnel team  
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             (MPT) 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 part of a juvenile court record or otherwise  
             designated as confidential under state law if the member  
             of the team having that information reasonably believes  
             it is generally relevant to the prevention,  
             identification or treatment of child abuse.

          2. Defines "multidisciplinary personnel" as any team of  
             three or more persons who are trained in the prevention,  
             identification, and treatment of child abuse and neglect  
             cases and who are qualified to provide a broad range of  
             services related to child abuse.  The team may include,  
             but not be limited to:

                   Psychiatrists, psychologists, or other trained  
                counseling personnel.
                   Police officers or other law enforcement agents.
                   Medical personnel with sufficient training to  
                provide health services.
                   Social workers with training or experience in  
                child abuse prevention.
                   Any public or private school teacher,  
                administrative officer, supervisor of child welfare  
                and attendance, or certificated pupil personnel  
                employee.

          3. Provides that any county may establish a computerized  
             data base system within that county to allow provider  
             agencies, as defined, to share specified identifying  
             information regarding families at risk for child abuse  
             and neglect, for the purposes of forming MPTs.
          
          This bill:

          1. Allows a county to establish, notwithstanding any other  
             provision of law, a child abuse MPT within that county  
             to allow provider agencies, as defined, to share  
             confidential information in order for provider agencies  
             to investigate reports of suspected child abuse or  
             neglect, or for the purpose of child welfare agencies  
             making a detention determination.







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          2. Defines "child abuse multidisciplinary personnel team,"  
             related to the provisions below, to mean any team of two  
             or more persons (current law defines as three or more  
             persons) who are trained in the prevention,  
             identification, or treatment of child abuse and neglect  
             cases and who are qualified to provide a broad range of  
             services related to child abuse.  Allows this team to  
             include, but not be limited to, the same persons that  
             are included in a three-person MPT, pursuant to current  
             law.  (See list above.)

          3. Defines "provider agency" to mean any governmental or  
             other agency that has as one of its purposes the  
             prevention, identification, management, or treatment of  
             child abuse or neglect.  Specifies provider agencies to  
             include, but not be limited to, the following entities  
             or service agencies (identical to current law specifying  
             three-person MPTs):  social services; children's  
             services; health services; mental health services;  
             probation; law enforcement; and schools.

          4. Allows members of a child abuse investigation and  
             prevention MPT to disclose and exchange with one another  
             information and writings, as specified, during a 30-day  
             period, or longer if documented good cause exists,  
             following a report of suspected child abuse or neglect,  
             notwithstanding any other provision of law.  Provides  
             that any discussion relative to the disclosure or  
             exchange of the information or writings during a team  
             meeting is confidential and, notwithstanding any other  
             provision of law, testimony concerning that discussion  
             is not admissible in any criminal, civil, or juvenile  
             court proceeding.

          5. Allows disclosure and exchange of information pursuant  
             to the above to occur telephonically and electronically  
             if there is adequate verification of the identity of the  
             child abuse multidisciplinary personnel who are involved  
             in that disclosure or exchange of information.

          6. Prohibits the disclosure and exchange of information to  
             be made to anyone other than members of the child abuse  
             MPT, and those qualified to receive information, as  







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             specified.

          7. Allows the child abuse MPT to designate persons to be a  
             member of the team for a particular case, as specified,  
             and allows a person designated as a team member to  
             receive and disclose relevant information and records,  
             subject to the confidentiality provisions specified in  
             the bill.

          8. Requires the sharing of the information above to be  
             governed by protocols developed in each county  
             describing how and what information may be shared to  
             ensure that confidential information is not disclosed in  
             violation of state or federal law.

          9. Requires every member of the child abuse MPT who  
             receives information or records regarding children and  
             families in his or her capacity as a member of the team  
             to be under the same privacy and confidentiality  
             obligations and subject to the same confidentiality  
             penalties as the person disclosing or providing the  
             information or records.  Requires the information or  
             records obtained to be maintained in a manner that  
             ensures the maximum protection of privacy and  
             confidentiality rights.  Provides that this section  
             shall not be construed to restrict guarantees of  
             confidentiality provided under state or federal law.

          10.Provides that the information and records communicated  
             or provided to the team members by all providers and  
             agencies, as well as information and records created in  
             the course of a child abuse or neglect investigation,  
             shall be deemed private and confidential and shall be  
             protected from discovery and disclosure by all  
             applicable statutory and common law protections.   
             Provides that existing civil and criminal penalties  
             shall apply to the inappropriate disclosure of  
             information held by the team members.

          11.Specifies that the sharing of a computerized data base  
             system that a county is authorized to establish related  
             to child abuse and neglect be available for the purpose  
             of the child abuse MPT established pursuant to these  
             provisions, in addition to the MPT authorized in current  







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             law.

          12.Repeals the provisions above on January 1, 2014.

           Background  

          MPTs have been authorized in California to allow for a  
          coordinated interagency response to elder and child abuse  
          cases for more than twenty years.  MPTs, formed and  
          operated at the county level are afforded the ability to  
          share confidential information among team members for the  
          purposes of preventing, identifying, or treating child  
          abuse.  According to the U.S. Department of Justice Office  
          of Juvenile Justice and Delinquency Prevention's guide,  
          "Forming a Multidisciplinary Team to Investigate Child  
          Abuse," MPTs are an effective tool for conducting a timely  
          and objective investigation while causing as little added  
          trauma to children and families.  Additionally, MPTs  
          operate, not just to investigate possible child abuse and  
          neglect, but to facilitate coordination among the different  
          agencies and entities participating on the team so that  
          decisions can be made through team decision-making.

          Existing state and federal laws prohibit most county health  
          and human services programs and educational entities from  
          sharing confidential patient, recipient, and student  
          information without the express consent of the individual,  
          or in the case of minors, the parent or guardian.   
          Confidential information may be shared in rare cases among  
          government agencies although written permission is often  
          required, and civil and criminal penalties may apply if the  
          information is unlawfully disclosed.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  6/29/10) (prior version of bill)

          Los Angeles County District Attorney (source)


           ARGUMENTS IN SUPPORT  :    According to the bill's sponsor,  
          the Los Angeles County District Attorney (on behalf of the  
          Inter-Agency Council on Child Abuse and Neglect), this bill  







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          seeks to remedy the problem faced by members of an MPT  
          investigating a potential case of child abuse who are  
          time-limited in making detention determinations, and face  
          barriers accessing necessary information from other members  
          of the MPT because current law requires discussions among  
          three or more MPT members, and is unclear regarding  
          telephonic and electronic communications.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  
            Swanson, Torlakson, Torres, Torrico, Tran, Villines,  
            Yamada, John A. Perez
          NO VOTE RECORDED:  Tom Berryhill, Lieu, Audra Strickland,  
            Vacancy


          CTW:mw  8/3/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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