California Legislature—2013–14 Regular Session

Assembly Bill No. 406

Introduced by Assembly Members Torres and Bloom

February 15, 2013

An act to amend Section 18961.7 of the Welfare and Institutions Code, relating to child abuse reporting.

LEGISLATIVE COUNSEL’S DIGEST

AB 406, as introduced, Torres. Child abuse reporting.

Existing law, until January 1, 2014, authorizes counties to establish a child abuse multidisciplinary personnel team, as defined, to allow provider agencies to share confidential information in order to investigate reports of suspected child abuse or neglect or for the purpose of child welfare agencies making detention determinations, as specified. Existing law authorizes members of the team, for 30 days, or longer if good cause exists, following a report of suspected child abuse or neglect, to disclose to and exchange with one another information and writings related to any incident of child abuse that are designated as confidential if the member of the team reasonably believes it is relevant to the prevention, identification, or treatment of child abuse. Existing law authorizes the disclosure and exchange of this information to occur telephonically and electronically if there is adequate verification of the identity of the multidisciplinary personnel who are involved in that disclosure or exchange of information. Existing law requires that the sharing of information permitted in the period following a report of suspected child abuse or neglect be governed by protocols developed in each county describing how and what information may be shared to ensure that confidential information is not disclosed in violation of state or federal law.

This bill would delete the repeal of these provisions, thereby making them operate indefinitely.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 18961.7 of the Welfare and Institutions
Code is amended to read:

18961.7.  

(a) Notwithstanding any other provision of law, a
county may establish a child abuse multidisciplinary personnel
team within that county to allow provider agencies to share
confidential information in order for provider agencies to
investigate reports of suspected child abuse or neglect made
pursuant to Section 11160, 11166, or 11166.05 of the Penal Code,
or for the purpose of child welfare agencies making a detention
determination.

(b) For the purposes of this section, the following terms shall
have the following meanings:

(1) “Child abuse multidisciplinary personnel team” means any
team of two or more persons who are trained in the prevention,
identification, or treatment of child abuse and neglect cases and
who are qualified to provide a broad range of services related to
child abuse. The team may include, but shall not be limited to:

(A) Psychiatrists, psychologists, marriage and family therapists,
or other trained counseling personnel.

(B) Police officers or other law enforcement agents.

(C) Medical personnel with sufficient training to provide health
services.

(D) Social services workers with experience or training in child
abuse prevention.

(E) Any public or private school teacher, administrative officer,
supervisor of child welfare attendance, or certified pupil personnel
employee.

(2) “Provider agency” means any governmental or other agency
that has as one of its purposes the prevention, identification,
management, or treatment of child abuse or neglect. The provider
agencies serving children and their families that may share
information under this section shall include, but not be limited to,
the following entities or service agencies:

(A) Social services.

(B) Children’s services.

(C) Health services.

(D) Mental health services.

(E) Probation.

(F) Law enforcement.

(G) Schools.

(c) (1) Notwithstanding Section 827 of the Welfare and
Institutions Code or any other provision of law, during a 30-day
period, or longer if documented good cause exists, following a
report of suspected child abuse or neglect, members of a child
abuse multidisciplinary personnel team engaged in the prevention,
identification, and treatment of child abuse may disclose to and
exchange with one another information and writings that relate to
any incident of child abuse that may also be designated as
confidential under state law if the member of the team having that
information or writing reasonably believes it is generally relevant
to the prevention, identification, or treatment of child abuse. Any
discussion relative to the disclosure or exchange of the information
or writings during a team meeting is confidential and,
notwithstanding any other provision of law, testimony concerning
that discussion is not admissible in any criminal, civil, or juvenile
court proceeding.

(2) Disclosure and exchange of information pursuant to this
section may occur telephonically and electronically if there is
adequate verification of the identity of the child abuse
multidisciplinary personnel who are involved in that disclosure or
exchange of information.

(3) Disclosure and exchange of information pursuant to this
section shall not be made to anyone other than members of the
child abuse multidisciplinary personnel team, and those qualified
to receive information as set forth in subdivision (d).

(d) The child abuse multidisciplinary personnel team may
designate persons qualified pursuant to paragraph (1) of subdivision
(b) to be a member of the team for a particular case. A person
designated as a team member pursuant to this subdivision may
receive and disclose relevant information and records, subject to
the confidentiality provisions of subdivision (f).

(e) The sharing of information permitted under subdivision (c)
shall be governed by protocols developed in each county describing
how and what information may be shared by the child abuse
multidisciplinary team to ensure that confidential information
gathered by the team is not disclosed in violation of state or federal
law. A copy of the protocols shall be distributed to each
participating agency and to persons in those agencies who
participate in the child abuse multidisciplinary team.

(f) Every member of the child abuse multidisciplinary personnel
team who receives information or records regarding children and
families in his or her capacity as a member of the team shall be
under the same privacy and confidentiality obligations and subject
to the same confidentiality penalties as the person disclosing or
providing the information or records. The information or records
obtained shall be maintained in a manner that ensures the maximum
protection of privacy and confidentiality rights.

(g) This section shall not be construed to restrict guarantees of
confidentiality provided under state or federal law.

(h) Information and records communicated or provided to the
team members by all providers and agencies, as well as information
and records created in the course of a child abuse or neglect
investigation, shall be deemed private and confidential and shall
be protected from discovery and disclosure by all applicable
statutory and common law protections. Existing civil and criminal
penalties shall apply to the inappropriate disclosure of information
held by the team members.

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(i) This section shall remain in effect only until January 1, 2014,
and as of that date is repealed.

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