BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2339| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 2339 Page 2 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 AB 2339 Page 3 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, AB 2339 Page 4 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 **** END ****