BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 2339
          Author:   Smyth (R)
          Amended:  As introduced
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/15/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           ASSEMBLY FLOOR  :  74-0, 4/22/10 - See last page for vote


           SUBJECT  :    Child abuse reporting:  mandatory reporting

           SOURCE  :     California Association of Marriage and Family  
          Therapists


           DIGEST  :    This bill makes an essentially technical  
          clarification to the mandatory child abuse reporting laws  
          to expressly authorize the sharing of information from an  
          agency investigating a report of alleged emotional abuse to  
          an investigator, as specified.

           ANALYSIS  :    Existing law establishes the Child Abuse and  
          Neglect Reporting Act ("CANRA"), which generally is  
          intended to protect children from abuse and neglect.   
          (Penal Code  11164.)

          Under existing law the term "child abuse or neglect" for  
          the purposes of CANRA "includes physical injury or death  
          inflicted by other than accidental means upon a child by  
                                                           CONTINUED





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          another person, sexual abuse ?, neglect ?, the willful  
          harming or injuring of a child or the endangering of the  
          person or health of a child, ? and unlawful corporal  
          punishment or injury ?.  'Child abuse or neglect' does not  
          include a mutual affray between minors.  'Child abuse or  
          neglect' does not include an injury caused by reasonable  
          and necessary force used by a peace officer acting within  
          the course and scope of his or her employment as a peace  
          officer."  (Penal Code  11165.6.)

          Existing law provides that, "(a)ny mandated reporter who  
          has knowledge of or who reasonably suspects that a child is  
          suffering serious emotional damage or is at a substantial  
          risk of suffering serious emotional damage, evidenced by  
          states of being or behavior, including, but not limited to,  
          severe anxiety, depression, withdrawal, or untoward  
          aggressive behavior toward self or others, may make a  
          report to an agency," as specified.  (Penal Code   
          11166.05.)

          Existing law generally provides for the content of reports  
          made pursuant to these provisions, and expressly provides  
          that "(i)nformation 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."  (Penal Code  11167(b).)

          This bill extends this provision to information relevant to  
          a report of serious emotional damage made pursuant to  
          Section 11166.05. 

          Existing law also provides that "(i)nformation relevant to  
          the incident of child abuse or neglect, including the  
          investigation report and other pertinent materials may be  
          given to the licensing agency when it is investigating a  
          known or suspected case of child abuse or neglect."

          This bill extends this provision to information relevant to  
          a report of serious emotional damage made pursuant to  
          Section 11166.05. 

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








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           SUPPORT  :   (Verified  6/16/10)

          California Association of Marriage and Family Therapists  
          (source) 
          Peace Officers Research Association of California
          Crime Victims Action Alliance

           ARGUMENTS IN SUPPORT  :    According to the author's office:

               In California, mandated reporters are required to make  
               reports of suspected child abuse or neglect.  These  
               mandated reporters, such as school teachers, health  
               care professionals and social workers, are therefore  
               immune from liability as a result of providing the  
               information to the investigating agency.

               Another Penal Code section, 11166.05, authorizes, but  
               does not require, a mandated reporter to report  
               instances where a child is suspected of suffering  
               serious emotional damage.

               Due to the difference in language, a mandated reporter  
               who cooperates with an investigator may be subject to  
               discipline because the reports of emotional damage  
               made pursuant to Section 11166.05 are not categorized  
               or referred to as child abuse reports.

               In short, reporters of emotional damage are authorized  
               to make reports, but not legally protected to share  
               the reports with investigatory agencies.

               AB 2339 will protect reporters of emotional abuse from  
               threats of liability or discipline. The bill simply  
               changes Penal Code 11167(b) to include "information  
               relevant to a report made pursuant to Section  
               11166.05" and thus allows mandated reporters to  
               discuss cases with investigators without fear of  
               violating the law.


           ASSEMBLY FLOOR  :  
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Bradford, Brownley, Buchanan, Charles Calderon, Carter,  







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            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,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Blumenfield, Caballero, Huber, Huffman,  
            Norby


          RJG:nl  6/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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