BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 1707
                                                                Page  1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 1707 (Ammiano)
        As Amended  August 24, 2012
        Majority vote
         
         ----------------------------------------------------------------- 
        |ASSEMBLY:  |54-18|(May 14, 2012)  |SENATE: |27-3 |(August 29,    |
        |           |     |                |        |     |2012)          |
         ----------------------------------------------------------------- 
          
         Original Committee Reference:    PUB. S.  

         SUMMARY  :  Removes non-reoffending minors from the Child Abuse 
        Central Index (CACI) after 10 years, and amends the CACI notice 
        provisions.  

         The Senate amendments  :

        1)Delete the provision requiring that notice of a CACI listing be 
          given to the attorney of a foster child.

        2)Double join this bill with AB 1712 (Beall) to avoid chaptering 
          issues.

         EXISTING LAW  : 

        1)Requires that any specified 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 the reporter knows, or 
          reasonably suspects, has been the victim of child abuse, shall 
          report it immediately to a specified child protection agency.  

        2)Requires specified local agencies to send the California 
          Department of Justice (DOJ) reports of every case of child abuse 
          or severe neglect that they investigate and determine to be 
          substantiated.  

        3)Directs the DOJ to maintain an index, referred to as the CACI, of 
          all substantiated reports of child abuse and neglect submitted as 
          specified.  

        4)Allows DOJ to disclose information contained in the CACI to 
          multiple identified parties for purposes of child abuse 
          investigation, licensing, and employment applications for 
          positions that have interaction with children.  








                                                                AB 1707
                                                                Page  2


        5)Requires reporting agencies to provide written notification to a 
          person reported to the CACI.  

        6)Provides that, except in those cases where a court has determined 
          that suspected child abuse or neglect has occurred or a case is 
          currently pending before the court, any person listed in the CACI 
          has the right to hearing which comports with due process before 
          the agency that requested the person's CACI inclusion.  

        7)Requires a reporting agency to notify the DOJ when a due process 
          hearing results in a finding that a CACI listing was based on an 
          unsubstantiated report.  

        8)Requires the DOJ to remove a person's name from the CACI when it 
          is notified that the due process hearing resulted in a finding 
          that the listing was based on an unsubstantiated report.  

        9)Provides that any person listed in CACI who has reached age 100 is 
          to be removed from CACI.  

         AS PASSED BY THE ASSEMBLY  , this bill:

        1)Provided that, on or after January 1, 2013, if a person is listed 
          in the CACI as a perpetrator of abuse due to an incident that 
          occurred when the person was under 18 years old, the listing shall 
          be deleted from the CACI 10 years after the incident, if no other 
          incidents have occurred.

        2)Required reporting agencies to provide notice of the CACI report 
          to the attorney of a known or suspected abuser, if any, when the 
          subject is a minor or non-minor dependent of the juvenile court (a 
          foster child).

         FISCAL EFFECT  :  According to the Senate Appropriations Committee:

        1)Ongoing state-reimbursable costs, likely in the range of $25,000 
          to $100,000 (General Fund) statewide to local agencies for 
          additional reporting requirements.

        2)Ongoing minor, absorbable costs (General Fund) to DOJ to purge 
          10-year-old CACI listings with no subsequent reports.

         COMMENTS  :  According to the author, "Children can be listed on CACI 
        as perpetrators of physical abuse if they injure another child in 








                                                                AB 1707
                                                                Page  3

        circumstances other than a mutual fight or an accident.  Children 
        can also be listed on CACI as perpetrators of sexual abuse due to 
        any reported sexual behavior between the child and another child, 
        even if the behavior is consensual.  Children in the foster-care 
        system are especially vulnerable to being listed on CACI because 
        they may act out due to past abuse and because their behavior is 
        subject to closer scrutiny by child welfare agency case workers than 
        that of children in the general population.

        "AB 1707 provides an avenue for the removal of single-offense minors 
        from the CACI.  Specifically if a person is listed in the CACI as a 
        perpetrator of abuse due to an incident that occurred when the 
        person was under 18 years old, the listing shall be removed from the 
        CACI 10 years after the incident, if no other incidents have 
        occurred.  By removing non-reoffending minors, AB 1707 would protect 
        youth from suffering life-long restrictions on job opportunities and 
        licensing eligibility due to misbehavior that occurred when they 
        were under 18. 

        "AB 1707 will also improve the use and operation of CACI by 
        providing important clean up.  Listing conduct of non-reoffending 
        minors can make CACI less effective because it loads CACI with 
        questionable data and wastes the time of subsequent investigators 
        that rely on in conducting investigations and background checks."

        Please see the policy committee analysis for a full discussion of 
        this bill.
         

        Analysis Prepared by  :    Sandy Uribe / PUB. S. / (916) 319-3744 


        FN: 
        0005646