BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 717 (Ammiano)
Hearing Date: 08/15/2011 Amended: 06/29/2011
Consultant: Jolie Onodera Policy Vote: Public Safety 6-0
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BILL SUMMARY: AB 717 would make several changes to the laws
concerning the Child Abuse Central Index (CACI) maintained by
the Department of Justice (DOJ). Specifically, this bill:
1) Provides that reports to be forwarded to the DOJ for
reporting in the CACI to include only those determined to be
"substantiated," rather than those "determined not to be
unfounded," as specified;
2) Provides that after January 1, 2012, a police department or
sheriff's department shall no longer forward written reports
to DOJ of investigations of known or suspected child abuse or
severe neglect;
3) Allows any person listed on the CACI a right to a hearing
before the agency that requested his or her inclusion in the
CACI to challenge his or her listing, as specified;
4) Requires a reporting agency to notify the DOJ when a hearing
results in a finding that a CACI listing was based on a
report that was not substantiated, and requires the DOJ to
remove the person's name from the CACI when so notified;
5) Provides that only substantiated reports be filed in the
CACI, and all other determinations shall be removed from the
CACI;
6) Requires any person listed on the CACI who has reached 100
years of age to have his or her listing removed.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
CACI hearings Unknown; potentially significant
state-General
and notifications reimbursable costs for additional
hearings
Removal of requirement Significant state-reimbursable
cost-General
to report to DOJ savings to local reporting agencies
AB 717 (Ammiano)
Page 1
CACI updates Minor, absorbable costs to the DOJGeneral
Litigation impact Unknown; likely significant
ongoingGeneral/Local
future cost-savings, potentially in the
millions
of dollars, to state and local agencies
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Existing law requires the DOJ to maintain an index (CACI) of all
reports of child abuse and severe neglect submitted by specified
local reporting agencies that are determined not to be
unfounded. The CACI has been maintained by the DOJ since the
1960's and as of April 2011 included over 777,000 reports and
850,000 suspects. The CACI does not necessarily reflect
individuals convicted of any crime, but includes information on
persons against whom reports of child abuse or neglect have been
made, investigated, and determined by the reporting local agency
(child welfare department or law enforcement) to meet the
requirements for inclusion on the CACI. The CACI is largely
utilized by county child welfare department staff who consult
the index when conducting background checks and child abuse
investigations.
The CACI has been the subject of substantial litigation over the
years, principally involving issues related to due process of
law, and has resulted in significant costs to the State in
attorney fees and staff counsel resources. This bill makes
several changes to current law concerning CACI to address the
issues raised in previous lawsuits.
This bill provides that reports to be forwarded to the DOJ for
reporting in the CACI to include only those determined to be
substantiated, rather than those determined not to be unfounded
(which includes substantiated and inconclusive reports), as
required under current law. Further, on and after January 1,
2012, police departments and sheriff's departments will no
longer be required to forward reports to DOJ of any case it
investigates.
AB 717 (Ammiano)
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A Statement of Decision was issued by the Commission on State
Mandates (COSM) on December 6, 2007, concluding various statutes
concerning CACI reporting mandated new programs or constituted a
higher level of service on local agencies. The COSM has
indicated the claimants will not be able to file for
reimbursement until the COSM adopts parameters and guidelines in
December 2011. As a result, the level of reimbursable costs will
not be known until the summer of 2012. By deleting the
requirement to report inconclusive reports, as well as limiting
CACI reporting agencies to child welfare and probation
departments, the provisions of this bill will result in future
state-reimbursable cost savings due to reduced mandated
reporting workload on local reporting agencies.
This bill would also provide that any person listed on the CACI
has the right to a hearing before the agency that requested his
or her inclusion in the CACI to challenge his or her listing,
and that the hearing shall satisfy due process requirements. If
a hearing results in a finding that a CACI listing was based on
a report that was not substantiated, the local agency is
required to notify the DOJ to remove the person's name from the
index. These provisions may result in state-reimbursable costs
of an unknown, but potentially significant amount.
In the case of Gomez, et al v. Saenz (2003), the suit alleged
that being listed on the CACI violated due process of law, the
constitutional right to privacy, and interfered with the liberty
interests of family members. The Department of Social Services
(DSS) settled the case by implementing a process for county
social service agencies to provide notification to anyone who
will be listed on the CACI and offer a grievance hearing if so
requested by any person desiring to challenge his or her listing
on the CACI, both prospectively and retroactively. The DSS
budget includes $1.85 million ($1.3 million General Fund, $0.55
million county funds) for county activities related to this
process for 2011-12. Given the provisions of this bill could
result in an individual's listing being removed from CACI if the
report is found not to be substantiated, additional grievance
hearings may be requested, resulting in additional costs in
excess of the amount currently budgeted. A five percent increase
in requested hearings would result in additional costs of
$92,500, potentially all state General Fund if found to be
state-reimbursable.
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Further, the Gomez settlement did not extend the hearing and
notification process to law enforcement agencies, which
constitute over 40 percent of reports entered into CACI. As a
result, additional hearings resulting from the provisions of
this bill as requested by individuals placed on the CACI by law
enforcement agencies would result in potentially significant
state-reimbursable costs.
In addition to removing names pursuant to cases found to be
unsubstantiated through the hearing and notification process
noted above, this bill requires the DOJ to remove names for all
unsubstantiated cases and any person listed on the CACI who has
reached 100 years of age. It is estimated approximately 145,000
CACI listings will be removed as a result of these two
additional provisions. The DOJ indicates the costs to update
CACI will be minor and absorbable.
The provisions of this bill seeking to ensure that CACI is
operated in a constitutional manner are likely to result in
significant future litigation-related cost savings potentially
in the millions of dollars to the DOJ and local agencies.