BILL ANALYSIS �
AB 406
Page 1
Date of Hearing: April 2, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 406 (Torres) - As Introduced: February 15, 2013
SUMMARY : Deletes the January 1, 2014 sunset date on provisions
of law that authorizes counties to establish child abuse
multidisciplinary personnel teams within that county to allow
provider agencies to share confidential information in order to
investigate reports of suspected child abuse and neglect, as
specified.
EXISTING LAW :
1)Authorizes members of a multidisciplinary personnel team
engaged in the prevention, identification, and treatment of
child abuse to disclose and exchange information and writings
to and with one another relating to any incidents of child
abuse that may also be part of a juvenile court record or
otherwise designated as confidential under state law if the
member of the team having that information reasonably believes
it is generally relevant to the prevention, identification or
treatment of child abuse. (Welfare and Institutions Code
Section 830.)
2)Provides that counties may establish child abuse
multidisciplinary personnel teams within that county to allow
provider agencies to share confidential information in order
for provider agencies to investigate reports of suspected
child abuse and neglect, as specified, or for the purpose of
child welfare agencies making a detention determination.
[Welfare and Institutions Code Section 18961.7(a).]
3)Defines "multidisciplinary personnel" as any team of three or
more persons who are trained in the prevention,
identification, and 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 not be
limited to:
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a) Psychiatrists, psychologists 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 workers with training or experience in child
abuse prevention; and,
e) Any public or private school teacher, administrative
officer, supervisor of child welfare and attendance, or
certificated pupil personnel employee. [Welfare and
Institutions Code Section 18961.7(b)(1)].
4)Defines "provider agency" as 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 shall include, but not be
limited to the following entities or agencies:
a) Social services;
b) Children's services;
c) Health services;
d) Mental health services;
e) Probation;
f) Law enforcement; and,
g) Schools. [Welfare and Institutions Code Section
18961.7(b)(2)].
5)Provides that notwithstanding any other provision of law,
during a 30- day period, or longer if good cause exists
following a report of suspected child abuse or neglect,
members of a child abuse multidisciplinary team engaged in the
prevention, identification, and treatment of child abuse may
disclose to, and exchange with one another information and
writing that relate to any incident of child abuse that may
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also be designated as confidential if the member of that team
having that information or writing reasonably believes it is
generally relevant to the prevention, identification, and
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. [Welfare and Institutions Code Section
18961(c)(1).]
6)States that all information and records communicated or
provided to the team members by all providers 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
team members. [Welfare and Institutions Code Section
18961(h).]
7)Provides that any county may establish a computerized data
base system within that county to allow provider agencies, as
defined, to share specified identifying information regarding
families at risk for child abuse and neglect, for the purposes
of forming multidisciplinary personnel teams. [Welfare and
Institutions Code Section 18961.5(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In 2010
Governor Schwarzenegger signed Assembly Bill 2229 into law.
AB 2229 authorized counties to create two-person child abuse
multidisciplinary personnel teams (MDTs), rather than
three-person MDTs, engaged in the investigation of suspected
child abuse or neglect, and permitted the disclosure of the
information gathered by a child abuse MDT to be disclosed
among team members electronically and telephonically upon the
proper verification of the recipient's status as a team
member.
"Child Abuse MDTs are intended to identify, treat, and prevent
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child abuse, and are comprised of qualified persons who may
include psychiatrists, psychologists, medical personnel, law
enforcement personnel, social workers and teachers. The
benefit and purpose of forming a child abuse MDT is that
information that would otherwise be confidential may be shared
within the confines of the team.
"By conforming the law regarding child abuse MDTs with the law
regarding elder abuse MDTs, which only required two members,
AB 2229 enhanced the treatment and prevention of child abuse
by streamlining the ability of qualified personnel to aid
victims by promptly having relevant information, and saved
time and resources by eliminating the need for a redundant
third person consulted merely to satisfy the statute.
"Assembly Bill 2229 contained a sunset clause of January 1,
2014.
"Assembly Bill 406 (Torres and Bloom) will allow county child
abuse multidisciplinary teams that are engaged in the
investigation of suspected child abuse and neglect to continue
to utilize two-person multidisciplinary teams which not only
have enhanced the ability of these teams to aid victims of
child abuse and neglect but have saved counties both time and
resources. AB 406 accomplishes these important goals by
repealing the sunset clause currently contained in Welfare and
Institutions Code Section 18961.7."
2)Prior Legislation : AB 2229 (Brownley), Chapter 464, Statutes
of 2010, revised and recast provisions of law relating to MDTs
engaged in the investigation of child abuse and neglect. AB
2296 contained a sunset date of January 1, 2014.
REGISTERED SUPPORT / OPPOSITION :
Support
California Catholic Conference
California District Attorneys Association
California Probation, Parole and Correctional Association
California State Sheriffs' Association
Chief Probation Officers of California
Crime Victims Action Alliance
Crime Victims United
Los Angeles County District Attorneys Association
AB 406
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Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744