BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1434
                                                                  Page  1

          Date of Hearing:   March 6, 2012
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                  AB 1434 (Feuer) - As Introduced:  January 4, 2012
                       As Proposed to be Amended in Committee


           SUMMARY  :   Makes employees of a public or private institution of 
          higher learning, as to child abuse or neglect occurring on that 
          institution's premises, or at an official activity of, or 
          program conducted by the institution, mandated reporters for the 
          purpose of the Child Abuse and Neglect Reporting Act (CANRA).

           EXISTING LAW  :

          1)Requires that any mandated reporter who has knowledge of, or 
            observes, a child in his or her professional capacity or 
            within the scope of his or her employment whom he or she 
            knows, or reasonably suspects, has been the victim of child 
            abuse shall report that incident immediately to a specified 
            child protection agency by telephone, and requires a written 
            report be sent within 36 hours.  ÝPenal Code Section 
            11166(a).]

          2)Requires that reports of suspected child abuse or neglect 
            shall be made by a mandated reporter to any police or 
            sheriff's department, a county probation department if 
            designated by the county to receive mandated reports, or the 
            county welfare department.  (Penal Code Section 11165.9.)

          3)Defines "child abuse or neglect" as including physical injury 
            inflicted by other than accidental means upon a child by 
            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.  
            (Penal Code Section 11165.6.)

          4)Defines a "mandated reporter" as specific child-care 
            custodians, health practitioners, law enforcement officers, 
            and other medical and professional persons.  (Penal Code 
            Section 11165.7.)








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          5)Defines "reasonable suspicion" as meaning that it is 
            objectively reasonable for a person to entertain a suspicion, 
            based upon facts that could cause a reasonable person in a 
            like position, drawing, when appropriate, on his or her 
            training and experience, to suspect child abuse or neglect.  
            For the purpose of this article, the pregnancy of a minor does 
            not, in and of itself, constitute a basis for a reasonable 
            suspicion of sexual abuse.  ÝPenal Code Section 11166(a)(1).]

          6)Provides that the reporting duties under CANRA are individual, 
            no supervisor or administrator may impede or inhibit the 
            reporting duties, and no person making a report shall be 
            subject to any sanctions for making the report.  ÝPenal Code 
            Section 11166(g)(1).]

          7)Provides that any mandated reporter who fails to report an 
            instance of known or reasonably suspected child abuse or 
            neglect as required is guilty of a misdemeanor, punishable by 
            up to six months in the county jail; by a fine of $1,000; or 
            by both imprisonment and fine.  ÝPenal Code Section 11166(b).] 


          8)Requires specified reporting agencies to forward to the 
            Department of Justice (DOJ) a report of every case of 
            suspected child abuse or neglect which is determined to be 
            substantiated; and if a previously filed report proves to be 
            unfounded, the DOJ shall be notified in writing and shall not 
            retain that report.  ÝPenal Code Section 11169(a).]

          9)Requires at the time a reporting agency forwards a report of 
            suspected child abuse or neglect to the DOJ, the agency notify 
            the known or suspected child abuser that he or she has been 
            reported to the Child Abuse Central Index (CACI).  ÝPenal Code 
            Section 11165(b).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

          1)Author's Statement  :  According to the author, "This bill 
            responds to the shocking and tragic allegations at Penn State, 
            where campus employees and administrators failed to report 
            multiple claims of abuse.  Each year, thousands of minor 
            children spend time on California college campuses, for 








                                                                  AB 1434
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            activities ranging from soccer tournaments to academic 
            programs to school tours.  AB 1434 addresses a gap in mandated 
            reporter law that does not require college employees who are 
            not otherwise mandated reporters to report child abuse to law 
            enforcement.  We owe it to kids spending time on college 
            campuses to ensure that suspicions of child abuse are detected 
            and reported.

          "Higher education institutions educate many minor students each 
            year who need this bill's protections.  Some community 
            colleges allow high school students to take college courses 
            while still in high school; additionally, many high school 
            graduates who attend college are under the age of 18 when they 
            begin college.  Further, thousands of children participate in 
            programs that use college facilities each year; these children 
            deserve protection from child abuse.  AB 1434 helps close this 
            critical gap in mandated reporter law."

           2)Argument in Support  :  According to the  California Protective 
            Parents Association  , "We agree with the need to expand the 
            mandated reporting statute.  Abusers often find employment in 
            occupations such as higher education that bring them close to 
            vulnerable children and youth.  The Penn State scandal that 
            erupted ruing football season last fall and the Catholic 
            church pedophile priest scandal show us that institutions tend 
            to protect themselves and their personnel before protecting 
            victims.  This bill would help to stop that unfortunate and 
            dangerous practice.

          "Our organization seeks to ensure child safety in the context of 
            separation/divorce and custody.  Children of divorce are 
            involved in higher education and may disclose abuse or neglect 
            to employees.  This bill will provide clarity to the education 
            institution administrators and employees regarding the 
            mandated reporting process."

           3)Argument in Opposition  :  According to the  California Public 
            Defenders Association  , "This legislation seeks to address the 
            Sandusky/Paterno debacle which unfolded on national TV.  But 
            the legislation could open a Pandora's Box of unintended 
            consequences including issues surrounding attorney/client and 
            doctor/patient privilege, barring higher education to anyone 
            under than 18 years of age, raising the student tuition and 
            fees and other associated costs.









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          "While the conflict of law this bill creates between the mandate 
            to report, and attorney/client privilege would be problematic 
            for all attorneys and doctors employed by institutions of 
            higher learning, it would be particularly so for those who 
            work in the clinic setting.  Take for example attorneys 
            operating clinics at law schools providing post release 
            community supervision legal services-if their client makes a 
            statement or provides information giving rise to the 
            attorney's obligations under this bill, the attorney and the 
            law students whose attorney/client privilege trumps all, would 
            face disbarment for violation of the sacrosanct obligation of 
            attorney client privilege and would face criminal charges 
            under AB 1434 for upholding this required privilege.  A doctor 
            who works at a college clinic would be equally conflicted if a 
            student patient divulged something, which the student patient 
            did not want further disseminated.  Without clarification that 
            the obligation imposed under this bill does not supersede such 
            privilege obligations, attorneys and doctors working at 
            college campuses will be forced to violate this law."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Protective Parents Association
          California State Sheriffs' Association
          Child Abuse Prevention Center
          Children's Advocacy Institute
          Crime Victims United of California

           Opposition 
           
          California Public Defenders Association
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916) 
          319-3744