BILL ANALYSIS Ó AB 1434 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1434 (Feuer) As Amended August 22, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |73-0 |(April 12, |SENATE: |36-0 |(August 28, | | | |2012) | | |2012) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Makes employees and administrators of a public or private postsecondary institution whose duties involve contact with children on a regular basis, 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). The Senate amendments : 1)Make technical non-substantive changes. 2)Add double jointing language to avoid chaptering problems with AB 1434 (Feuer), AB 1435 (Dickinson), AB 1713 (Campos), and AB 1817 (Atkins). 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. 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. 3)Defines "child abuse or neglect" as including physical injury AB 1434 Page 2 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. 4)Defines a "mandated reporter" as specific child-care custodians, health practitioners, law enforcement officers, and other medical and professional persons. 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. 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. 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. 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. 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). AS PASSED BY THE ASSEMBLY , this bill made 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, AB 1434 Page 3 mandated reporters for the purpose of the Child Abuse and Neglect Reporting Act (CANRA). FISCAL EFFECT : According to the Senate Appropriations Committee: 1)First-year cost pressure to public postsecondary institutions potentially in excess of $200,000 (General Fund) to develop training modules, policies and forms. 2)Annual cost pressure to public postsecondary institutions for ongoing training and administrative costs associated with noticing, tracking, and compliance. 3)Potential costs, likely less than $150,000 (General Fund) for increased state prison commitments to the extent increasing the number of mandated reporters results in additional felony convictions. 4)Potential ongoing costs (Local Revenue Fund 2011/General Fund) to county child welfare services departments for fielding and investigation of increased mandated reports. 5)Ongoing costs to the Judicial Branch, likely in the range of $25,000 to $50,000 (General Fund) for additional misdemeanor and felony court filings. 6)Minor, absorbable costs to DOJ to process additional CANRA reports. 7)Non-reimbursable local law enforcement costs due to additional reporting and investigation, as well as increased enforcement for failure to report, offset to a degree by fine revenue. COMMENTS : 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 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. AB 1434 Page 4 "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." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0005483