BILL NUMBER: AB 2339	CHAPTERED
	BILL TEXT

	CHAPTER  95
	FILED WITH SECRETARY OF STATE  JULY 15, 2010
	APPROVED BY GOVERNOR  JULY 15, 2010
	PASSED THE SENATE  JUNE 28, 2010
	PASSED THE ASSEMBLY  APRIL 22, 2010

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 19, 2010

   An act to amend Section 11167 of the Penal Code, relating to child
abuse reporting.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2339, Smyth. Child abuse reporting.
   Existing law requires reports made by mandated reporters of
suspected child abuse or neglect to include specified information.
Existing law also provides that 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 and to the licensing agency when it is investigating
a known or suspected case of child abuse or neglect.
   This bill would provide, in addition, that information relevant to
a report made relating to a child suffering, or in substantial risk
of suffering, serious emotional damage may be given to that
investigator and licensing agency.


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 or Section 11166.05 shall include the name, business
address, and telephone number of the mandated reporter; the capacity
that makes the person a mandated reporter; and the information that
gave rise to the reasonable suspicion of child abuse or neglect and
the source or sources of that information. If a report is made, the
following information, if known, shall also be included in the
report: the child's name, the child's address, present location, and,
if applicable, school, grade, and class; the names, addresses, and
telephone numbers of the child's parents or guardians; 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
and information relevant to a report made pursuant to Section
11166.05 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, and information relevant to a report made pursuant to
Section 11166.05 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 prosecutor 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 prosecutor
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 or Section
11166.05, 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 a manner that is
consistent with laws protecting the identity of the reporter under
this article.
   (f) Persons who may report pursuant to subdivision (g) of Section
11166 are not required to include their names.