BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1434
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1434 (Feuer)
          As Amended  August 22, 2012
          Majority vote
           
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          |ASSEMBLY:  |73-0 |(April 12,      |SENATE: |36-0 |(August 28,    |
          |           |     |2012)           |        |     |2012)          |
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           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 








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            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, 








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          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.








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          "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