BILL NUMBER: AB 1435 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 29, 2012
INTRODUCED BY Assembly Member Dickinson
( Coauthors: Assembly Members
Alejo, Buchanan, and Hill )
JANUARY 4, 2012
An act to amend Section 11165.7 of , and to add Article
2.2 (commencing with Section 11163.10) to Chapter 2 of Title 1 of
Part 4 of, the Penal Code, relating to child abuse
reporting.
LEGISLATIVE COUNSEL'S DIGEST
AB 1435, as amended, Dickinson. Child abuse reporting: athletic
personnel.
Existing law, the Child Abuse and Neglect Reporting Act, requires
a mandated reporter, as defined, to report whenever he or she, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observed a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. Failure to report an incident is a crime punishable
by imprisonment in a county jail for a period of up to 6
months, a fine of up to $1,000, or by both that imprisonment and
fine. Existing law provides that an administrator or employee of
a public or private youth center, youth recreation program, or youth
organization is a mandated reporter.
This bill would add athletic coaches, administrators, and
directors, as defined, employed by or volunteering with a public or
private organization to the list of individuals who are mandated
reporters, as specified. This bill would require an organization, as
defined, to provide initial training to each athletic coach,
administrator, or director on specified matters relating to child
abuse and neglect, and also would require those individuals to
complete continuing training every 2 years. provide
that an administrator or employee of a public or private youth
center, youth recreation program, or youth organization includes an
athletic coach, athletic administrator, or athletic director of the
center, program, or organization. The bill would require any public
or private youth center, youth recreation program, or youth
organization employing an athletic coach, athletic administrator, or
athletic director to have provided initial training, by January 1,
2014, on specified matters relating to child abuse and neglect for
those employees, as well as individuals who volunteer for the
organization in that capacity. On and after January 1, 2014, the bill
would require initial training to be provided within 6 months of the
date an individual becomes employed, or volunteers, in that
capacity. The bill would require these individuals to
complete continuing training every 2 years.
The bill would make the provisions specified above effective on
July 1, 2013.
By imposing the reporting requirements on a new class of persons,
for whom failure to report specified conduct is a crime, and by
imposing new training requirements on public organizations, including
local government entities, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2.2 (commencing with Section
11163.10) is added to Chapter 2 of Title 1 of Part 4 of the Penal
Code, to read:
Article 2.2. Child Abuse Reporting: Athletic Personnel
11163.10. For purposes of this article, the following apply:
(a) "Athletic coach, administrator, or director" means a person
who implements athletic policies, programs, or activities that are
formulated or executed in conjunction with, or in contemplation of,
athletic contests between two or more individuals, schools, teams,
and other groups or entities, either public or private. The term
includes volunteers a volunteer coach, administrator, or director of
an organization that also has employed another individual as an
athletic coach, administrator, or director, as described in
subdivision (c).
(b) Athletic policies, programs, and activities include, but are
not limited to, the following:
(1) Developing coaching philosophies.
(2) Teaching sports psychology.
(3) Teaching sports skills.
(4) Teaching sport physiology, including physical training,
fitness for sport, or developing a sports training program, including
training on nutrition for athletes.
(c) "Organization" means a public or private entity that employs a
person as an athletic coach, administrator, or director to implement
athletic policies, programs, or activities involving one or more
individuals under 25 years of age.
11163.11. An organization shall provide training for each
athletic coach, administrator, or director on all of the following
matters:
(a) The identification of child abuse and neglect.
(b) Activities that constitute inappropriate and illegal contact
between a youth and athletic coach, administrator, or director.
(c) The responsibilities of a person identified as a mandated
reporter as set forth in Article 2.5 (commencing with Section 11164),
including, but not limited to, the following:
(1) To whom a report is required to be made.
(2) The information that is required to be included in a report.
(3) The time in which a mandated reporter is required to file a
report.
11163.12. (a) An organization shall, by July 1, 2014, provide
initial training to each person employed or volunteering as an
athletic coach, administrator, or director on or before the effective
date of this article.
(b) On and after July 1, 2014, an organization shall provide
initial training within six months of the date that an individual is
employed as an athletic coach, administrator, or director, unless the
individual received training within two years prior to the date that
the individual is employed or begins volunteering by the
organization.
(c) Initial training shall consist of at least two hours of
classroom or other interactive training and education.
(d) An individual employed or volunteering as an athletic coach,
administrator, or director who has completed initial training shall
complete continuing training every two years. This training shall
consist of at least one hour of classroom or other interactive
training and education.
11163.13. (a) The training required by this article shall be
provided by individuals who are knowledgeable in the identification
of child abuse and neglect, inappropriate and illegal contact between
a youth and an adult, and statutory reporting requirements.
(b) This article is intended to establish minimum training
requirements. An organization may provide more extensive training
that the organization believes is necessary and appropriate.
11163.14. In the event that the provisions of this article
conflict with Article 2.5 (commencing with Section 11164), the
provisions and requirements of this article shall prevail.
11163.15. This article shall take effect on July 1, 2013.
SEC. 2. SECTION 1. Section 11165.7 of
the Penal Code , as amended by Section 41 of Chapter 381 of
the Statutes of 2011, is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public
or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization ,
including an athletic coach, athletic administrator, or athletic
director of the center, program, or organization .
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any employee of a county office of education or the State
Department of Education, whose duties bring the employee into contact
with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs
autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424 of the California Rules of
Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not in and
of itself a sufficient basis for reporting child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An athletic coach, administrator, or director, including a
volunteer in that capacity, of a public or private organization, as
specified in Section 11163.10.
(b) Except as provided in paragraphs
paragraph (35) and (41) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
(g) (1) On or before January 1, 2014, any public or private
organization specified in paragraph (7) of subdivision (a) employing
an athletic coach, athletic administrator, or athletic director,
shall provide initial training for those employees, as well as
individuals who volunteer for the organization in that capacity, on
the following matters:
(A) The identification of child abuse and neglect.
(B) Activities that constitute inappropriate and illegal contact
between a youth and an athletic coach, athletic administrator, or
athletic director.
(C) The responsibilities of a person identified as a mandated
reporter in this section, including, but not limited to, all of the
following:
(i) To whom a report is required to be made.
(ii) The information that is required to be included in a report.
(iii) The time within which a mandated reporter is required to
file a report.
(2) Initial training shall be provided by persons knowledgeable in
the identification of child abuse and neglect, inappropriate and
illegal contact between a youth and an adult, and statutory reporting
requirements, and shall consist of two hours of classroom or other
interactive training and education.
(h) Commencing on and after January 1, 2014, an organization
specified in subdivision (g) shall provide initial training within
six months of the date that an individual becomes employed as an
athletic coach, athletic administrator, or athletic director,
including a volunteer acting in that capacity, unless the individual
received training within two years prior to the date the individual
is employed or begins volunteering. An athletic coach, athletic
administrator, or athletic director who has received initial training
pursuant to subdivision (g) shall complete continuing training
thereafter, once every two years, consisting of one hour of classroom
or other interactive training and education.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 2 . No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.