BILL ANALYSIS AB 2322 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2322 (Feuer and Bass) As Amended August 19, 2010 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: |77-0 |(June 1, 2010) |SENATE: |30-0 |(August 23, | | | | | | |2010) | ----------------------------------------------------------------- Original Committee Reference: HUM. S. SUMMARY : Modifies statutes related to multidisciplinary personnel teams and broadens the scope of information that may be included in a county multidisciplinary personnel team (MDT) computerized database to include information regarding nonrelatives living in the home of a child. The Senate amendments : 1)Authorize Los Angeles County to include information regarding the convictions of members of a child's household involving a child as a victim in an MDT database, as specified. 2)Require that the conviction information added to the Los Angeles database be restricted to provider agencies currently entitled to receive criminal history records, and to remove the conviction information from the database 50 years after the conviction date. 3)Require that any person who knowingly and intentionally violates the confidentiality of the information contained in the MDT database shall be subject to administrative and civil penalties. 4)Recast confidentiality provisions to expressly prohibit the use of information obtained by members of an MDT from being used in a criminal or delinquency proceeding unless the information was obtained by other means as permitted by law. 5)Include chaptering amendments to avoid a potential conflict with AB 2229 (Brownley). EXISTING LAW : 1)Defines a child abuse MDT as any team of three or more people AB 2322 Page 2 trained in the prevention, identification, and treatment of child abuse and neglect cases and who are qualified to provide a broad range of child abuse-related services such as mental health professionals, law enforcement personnel, social workers, and teachers. Welfare & Institutions Code (WIC) Section 18951 (d). 2)Permits members of an MDT, as defined in WIC Section 18951, to exchange confidential information and writings during team meetings, provided the information is relevant to the prevention, identification or treatment of child abuse and is kept confidential. WIC Section 830. 3)Authorizes counties to establish a computerized data base to allow provider agencies to share confidential information related to families at risk for child abuse or neglect through the formation of MDTs aimed at preventing, identifying, managing, or treating child abuse or neglect. WIC Section 18961.5. AS PASSED BY THE ASSEMBLY , this bill authorized specified California Work Opportunities and Responsibilities to Kids (CalWORKs) case managers to participate on a child abuse MDT; and broadened the scope of information that could be included in county MDT databases to include information regarding nonrelatives living in a child's home and information about the convictions of members of a child's household. FISCAL EFFECT : According to the Senate Appropriations Committee, likely minor, non-reimbursable local costs associated with allowable expanded MDT activities, and potentially significant, non-reimbursable local costs associated with requirements for optional data bases and new authority for Los Angeles (LA) County, to the extent counties choose to adopt/participate in these activities. COMMENTS : This bill seeks to clarify and expand on existing MDT laws, to allow for greater interagency communication and improved response to families at risk for child abuse or neglect following several high-profile cases of child deaths stemming from child abuse or neglect in LA County in recent years. According to the author, this bill attempts to address several problems with existing law, identified by LA County, including an underutilized computer database and lack of clarity among several statutes. AB 2322 Page 3 Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916) 319-2089 FN: 0006577